Karnataka High Court
Devaraju vs State Of Karnataka on 18 April, 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.9596/2016
BETWEEN
DEVARAJU
S/o LATE ERAIAH
AGED ABOUT 48 YEARS
R/O HOOVINA BEEDI
PANDAVAPURA TOWN
PERMANENTLY R/AT KANCHAINAKERE
VILLAGE, K.R.NAGARA TALUK
MYSURU DISTRICT - 571 602.
...PETITIONER
(By Sri KEMPARAJU, ADVOCATE)
AND
STATE OF KARNATAKA
BY PANDAVAPURA POLICE STATION
REP BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560 001.
...RESPONDENT
(By Sri B.J.ESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.No.34/2016 (C.C.No.365/2016) OF PANDAVAPURA P.S.,
MANDYA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 498A, 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
When the matter is taken up for final disposal, learned counsel for the petitioner is absent. No representation.
Learned High Court Government Pleader is present.
2. This Criminal Petition is filed under Section 439 of Code of Criminal Procedure ('Cr.P.C.' for short) seeking to enlarge the petitioner on bail in Cr.No.34/2016 (C.C.N.365/2016) registered by Pandavapura Police Station, Mandya District for the offences punishable under Sections 498A, 302 of Indian Penal Code ('IPC' for short).
3. Heard learned High Court Government Pleader appearing or the respondent-State is present and takes notice and perused the records.
4. In Column No.17 of the Final Report, it is stated that on 01.02.2016, one Rajamma W/o Devaraju was admitted in K.R.Hospital, Mysuru, on sustaining burn injuries. She 3 got married 21 years back and got a male and a female child. But, her son expired 18 years back.
5. After the death of her son, she was tortured and ill- treated by her husband and he was also in the company of another woman. Being unable to tolerate the torture of her husband, she gave a complaint against her husband before the 'Mahila Sahaya Kendra'. In this connection, her husband was informed by the Police to mend his ways. He did not change his behaviour.
6. She was forced to file a complaint before the respondent Police and, the Police spoke to him over phone. Thereafter, when the police contacted him over the phone at 5 p.m.her husband got enraged and poured kerosene on her and set her ablaze and that she sustained injuries. On the basis of the statement given by the said Rajamma, a case was registered for the offences punishable under Section 498A and 307 of IPC in Crime No.34/2016 on 1.02.2016.
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7. Learned High Court Government Pleader submits that the complainant Rajamma because of the said injuries died on 1.02.2016 at 6.45 p.m. A copy of the statement said to have been made by her in the hospital is filed and it is in the form of question and answer. On the date of recording of the statement, she narrated the torture that was posed to her by her husband and pouring kerosene on her and setting her ablaze. The statement of Rajamma was recorded on 31.01.2016 and she died on 01.02.2016 at 6.45 p.m. i.e. 24 hours after she gave her statement at K.R.Hospital, Mysuru. The Post Mortem was also conducted. Learned High Court Government Pleader further submitted that Rajamma was hale and healthy till she was attacked by her husband. It is seen that the trial was set down for the evidence of the prosecution. The previous bail application in Crl.Misc.5393/2016 was rejected by the learned Sessions Judge, Mandya, on 21.06.2016, and another bail application filed in Crl.P.No.5841/2016 was also rejected on 24.10.2016. 5
8. The case is based on circumstantial evidence. The statement of Shalini D, who is the daughter of the accused and the deceased, recorded on 03.02.2016 is that she is the daughter of the accused and the deceased and after her elder brother died, her father started insisting her mother for another male child otherwise he would go for second marriage and he was torturing her mother one way or the other. On 25.10.2015 at Pandavapura she and her mother approached Gnanamaatha Santhavana Women Helpline and gave a complaint. They secured her father and advised him. When her mother told her husband of the Police complaint, the accused further threatened her. In this connection, the complaint was given by her mother as well and insofar as the offence in this case as claimed by the prosecution is concerned, on 30.01.2016 in the morning, police telephoned his father and asked him to come to Police Station. On the same day, her uncle Rajaiah and relatives came to their house at Pandavapura and advised her father. Being enraged to the conduct of his wife lodging complaint and at about 5.00 p.m., her 6 father Devaraju abused Rajamma his wife, poured kerosene and set her ablaze. She and her mother tried to extinguish the fire and then her mother was taken to the hospital and was admitted to the government hospital and her father left the house and on 1.2.2016 in the evening 6.45 p.m. her mother breathed last. Thus, the only eyewitness to the case is the daughter of the accused and the deceased Rajamma.
9. In the context and circumstances of the case, it is not proper to release the accused. This Court is of the opinion that the petitioner-accused has not made out any ground for releasing him on bail. Hence, the criminal petition is rejected.
Sd/-
JUDGE mv