IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3985/2019 BETWEEN:
1. Smt. Eramma W/o Yuvaraja @ Yallappa D/o Late Srinivas Aged about 27 years.
2. Sri Maresh S/o Late Srinivas Aged about 22 years.
3. Sri Peddanna @ Venkatesh S/o Ramana Bhovi Aged about 60 years.
4. Smt. Chinna Yellamma W/o Late Srinivas Aged about 50 years.
5. Smt. Chinnakka W/o Peddanna @ Venkatesh Aged about 54 years.
6. Sri. Obalesh, S/o Peddanna @ Venkatesh Aged about 28 years All are residing at: Vaddarapalya Village Sugatur Hobli Kolar District-563101. ...Petitioners (By Sri M.S. Shyamsundar¸ Advocate) AND:
The State of Karnataka, by Sub-Inspector of Police, Kolar Rural Police Station,Kolar-563101. Represented by Special Public Prosecutor High Court of Karnataka Bengaluru-560 001. ... Respondent (By Sri K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.391/2018 registered by Kolar Rural Police Station, Kolar, for the offences punishable under Sections 143, 147, 148, 302, 323 and 120(B) read with 149 of IPC and etc., This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R This petition has been filed by the petitioners- accused Nos.1 to 6 under Section 439 of Cr.P.C seeking their release on bail in Crime No.391/2018 of Kolar Rural Police Station for the offences punishable under Sections 143, 147, 148, 302, 323 and 120(B) read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that petitioner/accused No.1 is the wife of the complainant, accused Nos.2 and 4 are brother and mother respectively of petitioner No.1 and petitioners/accused Nos.5 and 6 are wife and son of petitioner No.3. petitioner/accused No.3 is grandfather of petitioner No.1. The marriage of the petitioner No.1 was solemnized with the deceased Yuvaraj alias Yallappa on 18.03.2016. After the marriage, they led marital life for a period of 4-5 months and thereafter there arouse matrimonial dispute between the deceased and accused No.1. The petitioner/accused No.1 has filed a Crl.Misc.No.29/2018 against the deceased and one more case was also filed in M.C.No.35/2018 for dissolution of marriage. In that light, on 16.08.2018 at about 1.00 a.m., when the deceased alone was there in the house and he was not in a good mental condition, the deceased went to the house of accused No.1 who was staying in parental house and asked her to come and at that time, with an intention of take away the life of the deceased all the accused persons caught hold of him and they assaulted with hands. At that time, accused No.2 went inside the varanda and brought petrol and poured on the deceased and lit the fire. Immediately, the neighbours and others came and dowse the fire. Thereafter, he was taken to the hospital. Subsequently in the hospital, he succumbed to the burn injuries. On the basis of the said statement, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that earlier the petitioners have approached this Court for grant of bail. Subsequently, after hearing, this Court dismissed the petition by giving liberty to file a fresh petition. After the charge sheet filed, they approached the trial Court and the said application has been rejected and as such the petitioners/accused are before this Court. When this Court has given a liberty to file fresh petition before the learned Principal District & Sessions Judge by availing the remedy, I feel that there is a changed circumstances. It is his further submission that there is no serious allegations made against the petitioners/accused. Already the charge sheet has been filed. Even the contents of the complaint also go to show that some matrimonial disputes were pending before the Court and in that light, the incident has taken place. It is his further submission that the deceased himself set fire by pouring kerosene and when the injured was taken to the hospital, the said statement has been given. It is submitted that the injured has suffered more than 99% burn injuries and he was not in a position to disclose minutes of the names and overt acts of the accused persons. Under the said circumstances the recording of the statement of the deceased itself is doubtful. He further submits that insofar as other accused are concerned, there are no serious overt acts and they have not assaulted the deceased with lethal weapons and they have not proceeded in the alleged incident. They are ready to abide by the conditions and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioners on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that CW.2 is an eyewitness to the alleged incident. In his statement, he has stated the overt acts of each of the accused persons. The accused persons are charged with an offence punishable under Section 302 of IPC which is punishable with death or imprisonment for life. If the accused persons are enlarged on bail, they may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. On close reading of the charge sheet material, when the alleged incident has taken place, it is accused Nos.1, 3 to 6 who caught hold of the deceased and pulled him and pushed him and at that time, it is accused No.2 who has brought the petrol which was there in the water bottle in the house and he poured the same and lit the fire. But subsequently, the injured was taken to the hospital at Kolar and from there to Victoria Hospital, he has given his statement about overacts and on 19.08.2018 he died. No serious overt acts have been alleged as against accused Nos.1 and 3 to 6. Only the allegation made in this behalf is that they have assaulted the deceased with hands by holding him. The serious allegation as against accused No.2 is that he is the one who brought petrol and poured the same and lit the fire on the deceased. It is submitted that already the charge sheet has been filed. Hence, I feel that accused No.2 is not entitled to be released on bail. But however, other accused persons have made out the case to enlarge them on bail. In that light, petition is allowed in part.
8. Petitioners/accused Nos.1 and 3 to 6 are enlarged on bail in Crime No.391/2018 of Kolar Rural Police Station for the offences punishable under Sections 143, 147, 148, 302, 323 and 120(B) read with Section 149 of IPC subject to the following conditions:
1. Petitioner/accused Nos.1 and 3 to 6 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in a month on every 1st till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall not indulge in similar type of activities.
Sd/- JUDGE nms