Akbar Babu @ Babu vs The State

N. Ananda, J.—The petitioner is arrayed as accused in Crime No. 141/2012 pending trial for offences punishable under Sections 498-A and 302 IPC. Heard learned counsel for petitioner and learned Government Advocate for the State.

As per the first information given by deceased, on 28.112012 at about 12.45 p.m., (midnight), the petitioner came in a drunken state and picked up quarrel with the deceased. The deceased became disgusted and told the petitioner that she would commit suicide. The petitioner told the deceased that she need not take the trouble of setting herself on fire and he would set her on fire. The petitioner so saying doused kerosene on the deceased and set her on fire. Later, neighbors of the deceased shifted the deceased to Government Hospital at Periyapattana and from there to K.R. Hospital at Mysore. On 02.12.2012, the deceased succumbed to burn injuries in K.R. Hospital at Mysore.

The learned counsel for petitioner would submit that, when the deceased was admitted to Government Hospital at Periyapattana, the history of injuries was given as "due to accidental fire" and the medical officer has not recorded the level of consciousness of deceased when her statement was recorded.

The learned counsel for petitioner has relied on the judgment of Supreme Court reported in Paparambaka Rosamma and Others Vs. State of Andhra Pradesh, .

The learned Government Advocate would submit that the history of injuries was not given by the deceased. Therefore, the statement of deceased cannot be discarded.

The statement of deceased was recorded in K.R. Hospital at Mysore. Dr. Mohan-Associate Professor of Plastic Surgery, has certified that the deceased was conscious and oriental all through when her statement was recorded.

The judgment reported in Paparambaka Rosamma and Others Vs. State of Andhra Pradesh, is rendered on merits of the case. Therefore, at the stage of considering bail application, what has been held in the aforestated judgment cannot be applied. There is prima-facie case against petitioner for an offence punishable u/s 302 IPC. In the circumstances, he cannot be released on bail. The petition is dismissed.