Bassanna Ranatala and Smt. Siddamma vs The State

A.S. Pachhapure

The petitioners having been arrested and chargesheeted for the offences punishable under Sections 498A, 323, 504 and 302 R/W 34 of IPC have approached this Court for grant of bail. The relevant facts for the purpose of this petition in brief are as under;

The petitioners are father-in law and mother-in-law of deceased Hanamawwa and the first accused is the son of the petitioners and husband of Hanamawwa. The marriage of Hanamawwa and the first accused was a love marriage. She bore four children through the wedlock. The relation between her husband, the petitioners and the deceased were strained. The first accused was intending to marry a second wife and therefore was subjecting her to cruelty and harassment. On 14.4.2012 at about 1000 a.m. it is alleged that in a quarrel between the first accused and deceased Hanamawwa, the first accused poured kerosene. Whereas the first petitioner said to have given a matchbox and the second petitioner held the hands of Hanamawwa to enable the first accused to set fire and ultimately the first accused set fire to deceased Hanamawwa. She sustained severe burns and she was taken to the hospital. Head Constable recorded her statement in which she impleaded her husband as a person who set fire and the petitioners as the instigators. During the course of investigation the petitioners have been arrested.

The learned counsel for the petitioners submits that they are innocent and they have not committed any crime. He also claims that they have been falsely implicated in this case and they are residing separately. They are willing to abide any conditions for their release of bail.

The learned Addl. SPP has opposed the bail application and has produced copy of dying declaration recorded by the Taluka Executive Magistrate. The Addl. SPP submits that the petitioners are also responsible for an offence punishable u/s 302 of IPC.

Material placed on record indicates that the petitioners were residing separately from her son, the accused No. 1 and his wife Hanamawwa. Even otherwise as could be seen from the statement that was recorded by the Head constable at the first instance, the petitioners are said to be the instigators and the person who set fire is the first accused. In the dying declaration recorded by the Taluka Executive Magistrate. Hanamawwa has not stated anything against the petitioners about their instigation. Prima facie on the basis of the material placed on record" I am of the opinion that though the petitioners may be responsible for the other offences, at this stage except instigation there is nothing on record about their active part in the incident of murder. Even otherwise the presence of petitioners can be secured by imposing some conditions. So taking into consideration these circumstances, the petitioners are entitled to bail sought for. In the result the petition is allowed. The petitioners are ordered to be released on bail on their executing personal bond for Rs. 50,000/- each with two solvent sureties for the like sum to the satisfaction of Sessions court with the further following conditions:

i) That the petitioners shall attend the court regularly on each date of hearing.

ii) The petitioners shall not tamper with the prosecution witnesses in any manner.

iii) They shall not jump bail.

If any of the conditions are violated, the bail granted entails cancellation.

Intimate the concerned authority.