Judgment · High Court

(BY SRI MASHAQ PATEL, ADVOCATE) AND: ThE STATE OF KARNATAKA, SHAHAPUR POLICE STATION. DIST. YADGIR. (BY SRI SUBHASH MALLAPUR. HCGP) PETITIONER RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE ACCUSED PETITIONER ON BAIL. IN CRIME NO.171/2011 OF SHAHAPUR POLICE STATION. YADGIR. WHICH IS REGISTERED FOR THE OFFENCES P/U/Ss.498(A), 302 R/W 34 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY. THE COURT MADE THE FOLLOWING: ORDER Petitioner who is arraigned as accused No. 1 in Crime No. 171/2011 of Shahapur Police Station now pending in C.C.No.380/201 1 on the file of JMFC. Shahapur for offences punishable under Sections 498-A, 504, 302 nw 34 of IPC has preferred this petition seeking to release him on bail under Section 439 of Cr.P.C.

Learned counsel appearing for petitioner submits petitioner married the deceased on 05.05.2005 i.e., 6 years prior to the incident and from the deceased he has three children. There has been no complaint whatsoever against him prior to the incident and there is no allegation of downy and the death of the deceased is on account of an accidental fire. Petitioner, brother sister-in-law are unnecessarily implicated to the offence. He submits allegation made against this petitioner is similar to one made against accused Nos.3 and 4 who have been enlarged on bail 3 by the Sessions Court and therefore he prays for allowing the petition and granting bail In favour of the petitioner.

Whereas, learned High Court Government Pleader appearing for the respondent-State submits as per the dying declaration of the deceased the petitioner poured kerosene on the deceased and set the fire. Accused Nos.2 and 3 have assisted him in doing the said act. He denies, the allegation made against the petitioner is similar to accused Nos.2 and 3. He submits grant of bail In favour of accused Nos.2 and 3 cannot be considered as a ground to grant bail to the petitioner. With this he prays for rejection of the petition.

Petitioner married the deceased just 6 years prior to the incident and he has 3 children from her. In the dying declaration deceased made a statement before Investigating Officer In the presence of the Medical Officer stating that accused No.1 I.e., petitioner poured kerosene on her and set the fire. Investigation held by the respondent a- 4 Police prima facie shows the commission of offence by the petitioner and therefore he cannot be granted bail.

For the reasons stated above, the petition is rejected. NB* Sd! 3IJDGE