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Judgment
10 paragraphs · 296 wordsH.N. Nagamohan Das
Petitioner got married one Aruna about 9 years back. Out of this wedlock three children are born. The petitioner repeatedly humuliated the deceased stating that he will marry her sister and had shown the photograph. Unable to bear the humiliation by her husband the deceased dozed herself with kerosene oil and died out of burn injuries. In the complaint given by the father of the deceased it is stated that the deceased made an oral declaration that her husband lit the fire and he is responsible for her death. Investigation is completed and charge sheet is filed. It is seen from the record that the bail petition filed by the petitioner came to be rejected by the Sessions Judge on the ground that on 26.06.2012 the police recorded the statement of the deceased Aruna. A perusal of the dying declaration specifies that petitioner had poured kerosene and lit fire to the victim. Learned counsel for the petitioner produced a medical certificate with photo and the same specifies that petitioner has sustained burn injuries and they are severe in nature. This circumstance is to be taken into consideration.
Now, that the investigation is completed and charge sheet is filed, there are no circumstances warranting the continuance of the petitioner in custody.
Accordingly, the following;
ORDER
i) Petition is hereby allowed.
ii) The petitioner is to be enlarged on bail subject to he executing a personal bond for a sum of Rs. 50,000/- with solvent surety for the likesum to the satisfaction of the Trial Court.
iii) The petitioner shall regularly attend the Court on all hearing dates.
iv) Petitioner shall not tamper with the prosecution witnesses.
v) Any violation of any of the above conditions will result in cancellation of the bail.