Karnataka High Court
Shankar Son Of Valu Chawan And Anr. vs The State Through Ratakal Police ... on 19 August, 2015
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF AUGUST, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION NO.200733/2015
BETWEEN:
1. Shankar S/o Valu Chawan
Age: 62 years, Occ: Agriculture
2. Smt Rukmabai W/o Shankar Chawan
Age: 55 years, Occ: Household
Both are residents of Koravi Dodda Tanda,
Tq. Chincholi, Dist. Kalaburagi
... PETITIONERS
(By Sri: Chaitanyakumar Chandriki, Advocate)
AND:
The State Through
Ratakal Police Station,
Kalaburagi,
Now Rep by Addl. S.P.P.,
High Court Building, Kalaburagi
... RESPONDENT
(By Sri: Prakash Yeli, Addl. SPP)
2
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in crime No.
71/2015 of Ratakal Police Station Gulbarga, which is
registered for the offences P/U/S. 498-A, 323, 504, 307, 34
of IPC.
This petition coming on for Orders this day, the Court
made the following:
ORDER
Heard the learned counsel for the petitioners and the learned Additional SPP for the respondent.
2. The petitioners accused Nos.2 and 3 in Crime No.71/2015, on the file of Ratakal police station, Gulbarga district. The offences alleged against the petitioners and their son accused No.1 are punishable under Sections 498-A, 323, 504, 307 and 302 read with Section 34 of IPC.
3. The case on hand relates to the alleged death of Shobha, the daughter of the complainant - Shantabai under unnatural circumstances. The marriage of the 3 deceased was solemnized with accused No.1 on 13.02.2015. It is alleged that accused No.1 poured kerosene on her and lit her to fire on 17.06.2015. In the first information lodged by Shantabai, it is mentioned that accused No.1 had committed the said offence at the instance of these petitioners.
4. The learned Additional SPP has vehemently opposed the bail application on the ground that the investigation is still in progress and that prima facie case is forthcoming against these petitioners in regard to the alleged murder committed by accused No.1. Hence, he requests the Court to dismiss the petition.
5. As could be seen from the first information lodged by Shantabai, accused No.1 is stated to have poured kerosene on the deceased and lit her to fire. He is already in judicial custody and major portion of the investigation is over. Petitioner No.1 is aged about 62 4 years and petitioner No.2 is aged about 55 years and is a lady.
6. Admittedly, the petitioners have no criminal background and have undertaken to obey any conditions imposed on them. The petitioners are permanent residents of Chincholi taluk, having roots in the community. Thus, the apprehension of the learned Additional SPP could be suitably met with by imposing certain conditions
7. In this view of the matter, the petition is allowed and bail is granted to the petitioners, subject to the following conditions:-
a) Petitioners shall be released on bail on each of them executing a personal bond in a sum of Rs.1,00,000/- with one surety, for the likesum to the satisfaction of the concerned Court.5
b) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses.
c) Petitioners shall not involve themselves in any criminal activities.
d) Petitioners shall attend the respondent police station once in a month on every second Sunday between 9.00 a.m. and 5.00 p.m. without fail, till the case registered against them is disposed off.
Sd/-
JUDGE Srt