IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.158/2019 BETWEEN :
Sri Shivanna S/o late Narasimhaiah Aged about 40 years R/at Manangi Village Kasaba Hobli, Sira Taluk, Tumkur District-572 301.
(By Sri Pratheep K.C., Advocate) AND :
… Petitioner The State of Karnataka by Channarayapatna Town Police Hassan District.
Represented by its State public prosecutor High Court of Karnataka Bangalore-560 001.
… Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.370/2018 of Channarayapatna Town Police Station, Hassan District, for the offences punishable under Section 302, 201, 120B, 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R This petition is filed by accused No.1 praying to release him on bail in Crime No.370/2018 of Channarayapatna Town Police Station for the offences punishable under Section 302 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that accused No.1 got married with the deceased and out their wedlock deceased gave birth to a daughter and they led happy marital life for 10 years. Thereafter, relationship became strained and accused No.1 used to scold the deceased and used to quarrel with her as she has got illicit relationship with another man. Even in spite of advice, he continued to quarrel with the deceased. On 29.3.2018 accused No.1 took his wife and his daughter in a motorbike with an assurance to go to his friend’s house for festival and when they came near Hemavathi Channel, Arlahalli Village, at 12.00 Noon , accused No.1 pushed the deceased to the channel and caused her death and created a story as if the deceased fell into the Channel in motorbike accident. It is further alleged as per earlier plan of the accused persons accused Nos.2 and 3 were waiting near the spot and accused No.2 saved accused No.1 and his daughter. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.1 is innocent and already charge sheet has been filed. Accused Nos.2 and 3 have been already released on bail by the District Court. He further submitted that the story of the prosecution itself clearly goes to show that it is an accident and even in the said accident, the petitioner also fell into the Channel and tried to save the life of his daughter and the deceased. But anyhow he was not successful in saving the life of his wife. He further submitted that the petitioner was not having any intention to cause the death of the deceased. He further submitted that even on the ground of parity petitioner is entitled to be released on bail. The petitioner is ready to abide by any conditions imposed by this Court and to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that because of the ill-will, on the date of the alleged incident, accused No.1 took the deceased and his daughter and as per earlier plan, accused Nos.2 and 3 were waiting near the spot and as per the plan he pushed his motorbike along with the deceased in Channel and when the deceased was trying to save herself, he kicked her and as a result of the same, she died which itself clearly goes to show that he was having an intention to cause the death of the deceased and as such the said offence is punishable with death or imprisonment for life and therefore ground of party is not applicable. If the petitioner is released on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have gone through the complaint and other material which has been made available. Though it is the petitioner who created a story as if the deceased fell into the Channel in a motorbike accident, the said matter has to be considered and appreciated only at the time of trial. Prima facie, looking into the documents, when the petitioner along with the deceased and his daughter was proceeding in a motorbike and when they reached at Arlahalli Village, motorbike met with an accident and all the three fell into the channel and it is accused No.2 saved the petitioner and his daughter. However, the deceased was not saved. In that light, the alleged incident has taken place. On going through the material on record, it appears that the petitioner was not having intention to commit such an act. If really he was intending to take away the life of the deceased, he would not have taken his daughter along with him in the said motorcycle. Under such circumstances, I feel that petitioner has made out a case to release him on bail.
Accordingly, the petition is allowed and accused No.1-petitioner herein is enlarged on bail in Crime No.370/2018 of Channarayapatna Town Police Station for the offences punishable under Section 302 r/w. 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court till the trial is completed.
iii) He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iv) He shall mark his attendance in the nearest Police Station once in a month between 10.00 a.m. and 5.00 p.m.
Sd/- JUDGE *ck/-