Karnataka High Court
Sunita W/O Manjayya Patil vs The State on 5 January, 2024
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CRL.P No. 103015 of 2023
NC: 2024:KHC-D:531
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.103015 OF 2023
BETWEEN:
SUNITA
W/O MANJAYYA PATIL
AGE. 35 YEARS,
OCC. HOUSEHOLD WORK,
R/O. SANNASANGAPUR VILLAGE,
TQ. RANEBENNUR
DIST. HAVERI
...PETITIONER
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
THE STATE
BY HALAGERI POLICE STATION
HAVERI DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
Digitally signed DHARWAD - 580 011
by REKHA R
...RESPONDENT
Location: High
Court of (BY SMT. GIRIJA HIREMATH, HCGP)
Karnataka
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER/
ACCUSED NO.1 IN CRIME NO.83/2023 REGISTERED BY THE
RESPONDENT HALAGERI POLICE FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 109, 143, 147, 187, 201, 302
AND R/W SECTION 149 OF IPC, PENDING ON THE FILE OF II
ADDL. DISTRICT AND SESSIONS JUDGE HAVERI (SITTING AT
RANEBENNUR), IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 103015 of 2023
NC: 2024:KHC-D:531
ORDER
This is the successive bail petition filed under Section 439 Cr.P.C, by accused No.1 to grant her bail for the offences punishable under Sections 143, 147, 109, 302, 201, 187 r/w Section 149 I.P.C.
2. In support of her petition, accused No.1 has contended that she is innocent of the offences alleged. She has not committed any offence as alleged. There is delay in filing the complaint. Notwithstanding the fact that charge sheet is filed for the offence punishable under Section 302 I.P.C, being a women accused No.1 is entitled for bail. In all seven accused persons, some of the accused are released on bail by this Court. On the ground of parity, accused No.1 is entitled for bail. She is permanent resident of Sannasanghapura of Ranebennur Taluk owning movable and immovable properties. The entire prosecution is based on circumstantial evidence. Majority of the witnesses are relatives and friends of complainant and as such there is no possibility of tampering them. Accused -3- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 No.1 is in judicial custody since 25.05.2023. She is ready and willing to abide by any condition that may be imposed and offer substantial surety to the satisfaction of the trial Court and prays to allow the petition.
3. In support of his argument, learned counsel for accused No.1 has relied upon the following decision:
(i) Nethra Vs. State of Karnataka (Nethra)1
4. Learned High Court Government Pleader submitted oral objections, contending that the minor children of accused No.1 and 2 namely Bhuvan aged 6 years and Chetan aged 3 years suddenly died and all the accused persons cremated them and removed their ashes and immersed in the river. On 19.05.2023, while accused No.1 and 2, the parents of the deceased were quarreling, putting blame on each other, complainant who is no other than the mother of accused No.2 and paternal grandmother of the deceased questioned them as to what happened to the children and came to know that on the 1 Crl.P.No.2306/2022 -4- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 date of incident i.e. on 11.05.2023, as usual accused No.1 and 2 were quarreling. Accused No.2 was blaming his wife i.e. accused No.1 that he is not the father of said children and suspecting her fidelity, for which Accused No.1 replied that if they are not his children, she is going to kill them. Accused No.2 replied that she is at liberty to do so and went inside the room. Accused No.1 strangled both children and thereafter tried to commit suicide. However she was saved by Accused No.3-Veerayya and Accused No.4-Mamata.
5. Based on the information given by the complainant, respondent-police have registered the case and taken up investigation. Accused Nos.1 to 3 were arrested. During the course of investigation, accused No.1 has pointed out the place where she committed the offence and also place where cremation took place. The FSL and DNA report is awaited. Having regard to the gravity of the offence, this Hon'ble Court rejected the bail application filed by accused No.1. There are no changed circumstances to reconsider her prayer for bail. Accused -5- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 No.1 is the main accused who has actually committed murder of her two innocent children. Having regard to the gravity of the allegations made against the accused No.1, she is not entitled for bail and prays to reject the petition.
6. Heard arguments and perused the records.
7. Accused No.1 is the mother and accused No.2 is the father of the deceased children. Accused Nos.3 and 4 are the another son and daughter-in-law of the complainant and other accused are the relatives of accused No.2. From the complaint averments, it is evident that accused No.1 and 2 are the parents of deceased children. From the inception, accused No.2 was suspecting fidelity of accused No.1 and was blaming that he is not the father of deceased children and in this regard, there used to be frequent quarrels.
8. On 11.05.2023, as usual a quarrel took place between accused No.1 and 2. Accused No.2 started blaming accused No.1 that he is not the father of her sons, for which, accused No.1 questioned him that if he is not -6- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 the father then, they should not be living. For which, he replied that she is at liberty to kill them and went inside the room. At around 11.00 p.m., accused No.1 strangled both children with the help of a cloth. Thereafter, she tried to commit suicide by hanging herself. However, accused No.3-her brother-in-law and accused No.4-her sister-in- law rescued her.
9. On enquiry, Accused No.1 told them that the children have died due to biting of some poisonous insect. After coming to know about the death of both children, all the accused persons decided to cremate the dead bodies and hurriedly took the bodies to the graveyard and burnt them and they also removed the remains and immersed in the river. On 19.05.2023, when once again accused Nos.1 and 2 were quarreling and blaming each other for the death of the children, complainant came to know about it. Accused No.1 confessed before her about the killing of both children and attempted to commit suicide and that she was rescued by accused No.3 and 4. Based on the information given by the complainant, the case came to be -7- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 registered in Crime No.83/2023 punishable for the offences punishable under Sections 143, 147, 109, 302, 201 and 187 read with Section 149 IPC against all the accused persons including the accused No.1.
10. During investigation, accused No.1 to 3 were arrested. Earlier accused No.4 filed anticipatory bail application and accused Nos.1 to 3 sought for regular bail. Though regular bail was granted to accused Nos.2 and 3 and anticipatory bail to accused No.4, the regular bail application of accused No.1 was rejected.
11. Now, once again accused No.1 is seeking regular bail, contending that a false complaint is filed against her and she is innocent of the offences alleged. It is an undisputed fact that accused Nos.1 and 2 are the parents of deceased children. It is the specific case of the prosecution that there used to be frequent quarrel between accused Nos.1 and 2, wherein accused No.2 was disputing the paternity of the children and alleging infidelity to the accused No.1. During one such quarrel, on -8- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 11.05.2023, accused No.1 killed both her sons and she also tried to commit suicide. However, she was saved due to intervention of accused Nos.3 and 4. She projected as though the children died due to biting of some poisonous insect. However, all the accused persons hurriedly cremated the dead bodies. The crime came to the notice of complainant when accused Nos.1 and 2 were quarreling and blaming each other for the death of the children. and she filed the complaint.
12. Now, in order to claim bail, accused No.1 is alleging that she has been false implicated. Admittedly, she has not filed any complaint with regard to the unnatural death of her children. After conducting detailed investigation, a charge sheet is filed. The charges leveled against her are very grave. Despite the fact that accused No.1 is a woman may be a ground for taking a lenient view, having regard to the gravity of the allegations made, this Court is of the considered opinion that it is not a fit case to grant bail to accused No.1. Absolutely, there are no changed circumstances to reconsider her prayer for -9- CRL.P No. 103015 of 2023 NC: 2024:KHC-D:531 bail. Having regard to the peculiar facts and circumstances of the case, this Court is of the considered opinion that the order passed in Crl.P.No.2306/2022 relied upon by the learned counsel for accused No.1 cannot be pressed into service and accordingly, the following:
ORDER Petition filed by petitioner No.1/accused No.1 is rejected.
Sd/-
JUDGE RR List No.: 19 Sl No.: 1