Karnataka High Court
Jambunath S/O Hulugappa vs The State By Sub Inspector Of Police ... on 20 September, 2012
Author: Jawad Rahim
Bench: Jawad Rahim
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 20 t h DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE JAWAD RAHIM
CRIMINAL PETITION NO.11053/2012
BETWEEN:
JAMBUNATH S/O HULUGAPPA
AGE: 30 YEARS, OCC: AGRICULTURIST
R/O.BAILUR VILLAGE,
TQ. & DIST: BELLARY
... PETITIONER
(By Sri. T HANUMAREDDY ADV.)
AND:
THE STATE BY SUB INSPECTOR OF POLICE
KURUGODU POLICE STATION, KURUGODU
TQ. & DIST: BELLARY,
R/BY SPP, HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
... RESPONDENT
(By Sri.V.M.BANAKAR, ASPP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. PRAYING THIS HON'BLE COURT TO ENLARGE THE
PETITIONERS ON BAIL IN S.C.NO. NO.9/2012, ON THE
FILE OF THE FAST TRACK COURT-I, BELLARY (CRIME
NO.189/2011 OF KURUGOD P.S.) FOR THE OFFENCES
P/U/S 302, 498-A, 504, 506 AND 323 OF IPC, IN THE
INTEREST OF JUSTICE AND EQUITY.
:2:
THIS PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is accused of having committed parricide burning his wife to death. He was arrested and is in judicial custody. Therefore, he seeks bail.
2. The prosecution's case as revealed from the case papers is: Mahankalamma was married to the petitioner and out of the matrimony, she gave birth to two children. The petitioner is alleged to have cared little for her or the children and turned vagabond and indulged in all ill-habits. In such state, he would quarrel with her frequently on trivial matters and also suspect her to be involved in extra-marital affairs. That became a cause for him to aggravate harassment physically and mentally, consequent to which life of Mahankalamma became a misery. This was the life pattern of the couple. On 13.09.2011, he :3: picked up a quarrel with his wife and poured kerosene and set her on fire. She was rushed to hospital with burn injuries.
3. On the memo sent by the hospital, the police officers of the jurisdictional police station rushed to the VIMS Hospital, Bellary, where they questioned the victim and recorded her statement. In her statement, she has directly indicted him as the person who set fire on her resulting in more than 65% injuries. That is registered as a complaint for further investigation. Initially, the case was registered for offence punishable under Section 307 as also under Section 498-A of the I.P.C., but as the victim succumbed to the injuries within two days, the offence of attempt to murder is converted with offence of murder punishable under Section 302 of the I.P.C.
4. Learned counsel for the petitioner would submit that the petitioner was arrested on :4: 14.09.2011 and has been in judicial custody without any progress which is not only causing lot of harassment, but the life of the two innocent children is at stake. They have to be taken care of, which is not possible due to his detention.
5. But, during the arguments, it is brought to my notice that the children are presently under the guardianship of the parents of the victim and therefore, they are virtually safe.
6. As far as the petitioner is concerned, since he is accused of having indulged in setting fire to kill his wife, if proved, the offence is highly deplorable and calls for no liberal approach. Being of this view, I am not satisfied that a case is made out for grant of bail. Hence, the petition is rejected.
Sd/-
JUDGE Rkk/-