Shiva Naik vs The State Of Karnataka on 3 June, 2010

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Karnataka High Court

Shiva Naik vs The State Of Karnataka on 3 June, 2010

Bench: Jawad Rahim

 

I
IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD _
DATED THIS THE SR8 DAY OE JUNE, 2010  VT
BEFORE _M" _
THE HON'BLE MR.JUSTI.CE JAWAD   
CRIMINAL PETITION NO::T45 S/2O"I.Q'¥   '-
BETWEEN; V'  . .'

SHIVA NAIK,
S/O.KALANAug

AGE 40YEARS, »_

R/O. APPENAHALLI TANDA__ «.

TQ:KUDLKH, ";A«_;N. *,aV=_
DEW:GADAG. ", , ; *x gQPETHHONER

(BY SR1. K.L.RATIL~.AND S15S.§3E.*rU4R'I\riATIi_,'V}§:DvS.,)

THE STATE OF 'KARNA.TAI§A., " 
BY GUD£KO.TEP.S:,_ j _  '
REPRESENTED BY S-._P.P__, A
HIGH COURT OE KARNATAKA,

_,---_cIRC_U'IT BENCH,  ..... 
 DI~IAR'wA'Df.   RESPONDENT

'(ET S-RI:  .I§.UMAR, HCGP. ,)
__ A "-.TH1S'CnF<lAMINAL PETITION IS FILED U/S 439 OE
'C_R.P.C. ~S_E:EI<INO TO ENLARGE THE PETITIONER ON BAIL
  "CO-NNECTION WITH S.C.NO.89/2009 PENDING ON THE
  I.IféI'I.,E"-OE FAST TRACK COIIRTIII, HOSRET (GUDIKOTE P S
 .:(;RI§1\/IE No.10/2009) FOR THE OEEENCES PUNISHABLE

 _ "IJNDER SECTION 498--A, 302 OF IPC.

,,2. ,2»; 
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V

 

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€~J

THIS PETITION commo ON FOR oranges TH1si)'AY,
THE comer MADE THE FOLLOWING:   

ORDER

Petitioner is sole accused S.:C;N'o.A89/2009iFacing charge for offence punishab1Ve«-..unde'r.. 302 of IPC.

2. The prosecution the statement given by the v1§ee'e§';1'ixn1%pé5g:ﬂegKs.:#;;ai1§_'_W1[der treatment in the hospital petitioner and out of the children. However, childrenxhdiued the only occupants in the house, E2.'.3.;"20'(j9,.'V;around 8.30 p.m while the victim (3/a.sV "cooIé;iTngVVh'efood in the house, the accused picked up cA;ua1*«.a.%e1A,' 'vsa"3{i'ng_i.i'-tliat she was cooking the same food i.e. mudde ever;-,r«:'tirne. He siapped her and poured kerosene set fire to her. In the agony of pain, she rushed and caughfhini, consequent to which he also suffered injury. doctors attending of her recorded 95% burn injuries ~--:w»:v«3e22=z,s/V" Z' ' ~~ ' " ' ta 2 to which she succumbed. Initially, the case was registered for offence punishable under Section 307 of IPC and-.upon her death it is now converted under Section

3. The petitioner was arrested is confined the person as the trialzhasi No doubt, the statement given 'her ii considered as a dying declaratioia of V her to death. Howei/eipr, has already been interrogated by the been filed, the onl*r"'C'oL1.r§;e is?-jex "e.ditious"'triial. But, considerin the workload in Vthen.""triali't'-cjourt, the trial has not yet comrnenced"'thoug1"V.=_ the petitioner is remaining in custody ii"-f_or urnonths'; "" aking in to consideration all these the possibility of the trial court not concludingiitheiiltrial in near future, the petition is admitted bai1,"su3bject to following conditions:

V W 4 ORDER The petition is admitted to bail subject the following conditions: T' T

1. The petitioner shall execute bond a.

Rs.25,000/~ with one surety;f61*"thAe'l--.lli1<t;el satisfaction of the trtal Sessi0ns,as the case H V l

2. He shall not tarliper tleijavseeutiatillniaterial or prevail upon

3. He sha1l;_"ri'otj.l:t:i'ndttlge violence against . ' - o

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