Lokesh vs The State

Budihal R.B., J.—This petition is filed by the petitioner-accused u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 498A and 302 read with Section 34 of IPC registered in respondent Police Station Crime No. 59/2013. Brief facts of the case are that the complainant is the father of the deceased. He has three male and four female children. It is alleged in the complaint that on, 27.9.2008, the marriage of his last daughter was performed with the petitioner. At the time of marriage, they had given 125 grams gold and 60,000/- cash. It is further alleged that after the marriage, the complainant''s daughter started living in her husband''s house along with her father-in-law and mother-in-law. After about one year of marriage, they were in cordial relationship. Thereafter, all the family members insisted to bring dowry. It is further alleged that the complainant and his son went to the house of the petitioner and tried to make him understand, even then they did not heed to the wordings of the complainant. It is also stated that the deceased had two male children, first child is aged 3 years and second child is 8 months old. After the birth of the second child, the deceased went to the house of the petitioner. It is further alleged that complainant is frequently giving money to the petitioner and also arranged the rented house and also bought the Autorickshaw to the petitioner. It is further alleged that on 15.5.2013, the complainant received the phone call from one Manjappa stating that the petitioner poured the kerosene and lit-fire on the deceased. Hence complaint was filed. On the basis of the said complaint, the case was registered by the respondent police.

I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.

Learned Counsel for the petitioner, during the course of the arguments, submitted that the petitioner is innocent and he has been falsely implicated in the case. He never demanded dowry amount and never ill treated the deceased. There is a concocted statement by the complainant. It is submitted that when the deceased was taken to the hospital, at the first instance, she made a statement to the Doctor that when she was cooking in a kerosene stove, she caught fired and sustained burn injuries. The learned Counsel submitted that the said statement goes to show that the petitioner is falsely implicated in the complaint. The learned Counsel submitted that the petitioner is the only member in the family to look after his small children and the other family members and hence, by imposing reasonable conditions, the petitioner may be admitted to bail.

As against this, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that though there is a statement given by the deceased before the Doctor in the hospital regarding cause of death, but the statement of witnesses goes to show that the petitioner was ill-treating the deceased in connection with dowry amount. The learned HCGP submitted that the incident has taken place in the house of husband for which the petitioner is answerable. The prosecution has placed prima facie material to show involvement of the petitioner in commission of the alleged offence. The offence alleged u/s 302 of IPC is a serious offence punishable for death or imprisonment for life. Hence, he submitted that the petitioner is not entitled to be released on bail.

I have perused the averments made in the bail petition and the other materials on record.

On the last date of hearing, the matter was heard in part and the learned HCGP was directed to secure medical records from the Meggan Hospital, Shimoga and produce the same before Court today. As per the directions of this Court, learned HCGP has produced the medical records of the said hospital. I have perused the records. In the case sheet, it is mentioned by the Doctor that the patient herself given the history that when she was cooking in a kerosene stove, due to sudden burst, she caught fire and sustained burn injuries all over the body except sole of both foot. He has mentioned that the patient is conscious and oriented and there she complain of burning pain all over the body. Therefore, considering all these materials, it is clear that there may be statement of witnesses to the effect that the petitioner used to ill treat the deceased demanding dowry amount and committed her murder by pouring kerosene and setting fire on her, but in view of the medical records and statement of the deceased herself before the Doctor regarding cause of sustaining burn injuries, ultimately, it is for the prosecution to establish before the trial court during trial. Thus, the petitioner has produced prima facie materials to show the cause of burn injuries. Hence, looking to the materials on record, I am of the opinion that it is a fit case to exercise discretion in favour of the petitioner. The petition is allowed. The petitioner is ordered to be released on bail of the offence punishable under Sections 498A and 302 read with Section 34 of IPC registered in respondent police station Crime No. 59/2013, subject to following conditions:-

I. The petitioner shall execute bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) and shall offer a surety for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly

III. The petitioner shall attend the concerned Court regularly.