IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8208 OF 2019 Between:
Sai Kumar S/o Prabhukumar Aged about 26 years R/at Near Imperia Market Hagadooru, Whitefield Bangalore – 560 066 (By Shri Mohankumar D., Advocate for Shri M Krishne Gowda, Advocate) And:
State of Karnataaka State by Whiefield PS Rep. by High Court Govt. Pleader High Court of Karnataka Bangalore – 560 001 (By Shri Rohit, B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.248 of 2019 registered by Whitefield Police Station, Bengaluru for the offence punishable under sections 307, 317 and 302 of Indian Penal Code and Section 75 of Juvenile Justice (Care and Protection of Children) Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent-State and perused the records.
2. Accused No.1-Roopa was married to one Prabhu about nine years ago and they were blessed with children viz. Yashaswini and Poorvik. About a year prior to the said Prabhu died due to some ill-health, the accused No.1 started living with accused No.2 in Whitefield at Immadihalli village in the house of CW6. Accused Nos.1 and 2 were quarreling each other with reference to the children. In this context, it is alleged that on 25th May, 2019 at about 10.30 a.m., accused Nos.1 and 2 have started quarreling with each other and at that time, the two children viz. Yashaswini and Poorvik, also went inside the house and by that time petrol was already spread-over inside the house; accused no.2 has lit fire and because of that CW2 and deceased-Poorvik sustained burn injuries to her hands and legs. The said CW2 survived. However, the another child Poorvik succumbed to the burn injuries and died in the hospital. On the above said allegation, police have filed charge sheet. During the course of investigation, the statement of the said Yashswini aged seven years was recorded. She has categorically stated that the accused Nos.1 and 2 were quarreling with each other when they were outside the house, and after hearing the quarrel they went inside the house and at that time the accused No.2 has lit fire, therefore, they sustained injuries. Therefore, it creates a doubt whether the accused No.2 has intended to kill the children by litting fire to them, because when the accused Nos.1 and 2 were quarrelling with each other, petrol was already smeared inside the house and the children were not there. They went inside the house later. Perhaps it may be due to quarrel between the husband and wife the drastic step of spreading petrol inside the house might have been taken either to kill himself or kill accused No.1, the accused No.2 might have lit fire. However, what transpired between the accused No.1 and 2 inside the house on that day is not forthcoming except the statement of CW2.
3. Looking to the above said circumstances, during the course of evidence it has to be established that the accused No.2 has really intended to kill the children. Further added to that, the statement of CW2 further states that immediately the two children were shifted to hospital by accused Nos.1 and 2 themselves and treatment was given in the hospital and the accused no.2 had been looking after the said children. Under the above said circumstances, I am of the opinion that the petitioner had made out a ground for grant for bail under Section 439 of the Code of Criminal Procedure as charge-sheet has already been filed. Hence the following:
O R D E R Petition is allowed. Consequently, petitioner shall be released on bail in connection with Crime No.248 of 2019 registered by Whitefield Police Station, Bengaluru for the offence punishable under Sections 307, 317 and 302 of Indian Penal Code and Section 756 of the Juvenile Justice (Care and Protection of Children) Act, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE lnn