S V Padma @ Padmamma & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

Crl.P. No. 16114/2025 is filed by accused Nos. 3 and 4 and Crl.P. No. 16082/2025 is filed by accused No. 6 under Section 483 of BNSS. Crl.P. No. 16120/2025 is filed by accused No. 7 under Section 482 of BNSS. All the three petitions are filed seeking bail/anticipatory bail in respect of Crime No. 75/2025 of Patapallya Police Station registered for offence under Sections 103(1), 189(2), 191(2), 352 read with Section 190 of BNS.

Heard learned counsel for petitioners and learned HCGP for respondent - State.

Learned counsel for petitioners would contend that there is no serious allegation against petitioners - accused Nos. 3, 4, 6 and 7. Allegation of putting petrol and lighting fire is against accused No. 1. Allegation against accused Nos. 3 and 4 is that they were holding deadly weapons and threatening the deceased. Allegation against accused Nos. 6 and 7 is that they were present on the spot and they were instigating the other accused to commit the offence. Accused No. 8 who is alleged to have brought petrol has been granted bail by this Court in Crl.P. No. 16138/2025 by order dated 07.01.2026. Now charge sheet has been filed and therefore petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioners. The dying declaration does not contain the names of the petitioners - accused Nos. 3, 4, 6 and 7. Names of accused Nos. 6 and 7 are not mentioned in the FIR/complaint which is registered based on the statement of the injured/deceased. With this he prayed to allow the petitions.

Per contra learned HCGP would contend that the injured when she was admitted in hospital for taking treatment for her burns sustained in the incident has given a statement wherein she has named accused Nos. 3 and 4 as the persons present on the spot threatening her. They were holding deadly weapons at that time. Accused Nos. 6 and 7 were present on the spot and they were instigating other accused to commit the offence. Charge sheet material show prima facie case against the petitioners for offences alleged against them. With this, he prayed to reject the petitions.

Having heard learned counsel for the parties the Court has perused charge sheet and other materials placed on record.

Deceased Bayamma sustained burn injuries in the incident that took place on 06.10.2025. As C.W.7, son of C.W.1 married C.W.8 daughter of accused No. 9, accused No. 9 and other accused persons thought that it had affected their honour. Accused persons went to the house of deceased along with books and clothes of C.W.8 and put it in the house of deceased. Accused No. 1 poured petrol brought by accused No. 8 on the clothes and books. Deceased - Bayamma came in between and as a result, petrol also fell on her and she also caught fire which was lit by accused No. 1. Accused Nos. 2 and 3 were abusing the deceased and accused Nos. 4 and 5 were holding deadly weapons and threatening the deceased that they will kill her if she comes out of the house and asked her to die by burns. At that time, accused Nos. 6 and 7 were present on the spot and were instigating the other accused. Deceased - Bayamma who sustained burn injuries on 06.10.2025 died in the hospital on 28.10.2025. The Doctor who conducted P.M. examination on the dead body of the deceased has opined that death is due to septic shock as a result of ante-mortem burns. Statement of deceased - Bayamma has been recorded on 07.10.2025 when she was in the hospital based on which case has been registered. Even the dying declaration of said Bayamma has been recorded. In the dying declaration, she has not stated the names of petitioners - accused Nos. 3, 4, 6 and 7. In her statement dated 07.10.2025, she has named accused Nos. 3 and 4 as the accused persons. Accused No. 3 was abusing her in filthy language and asking her to die and at that time accused Nos. 4 and 5 were holding deadly weapons, threatened her not to come outside and die inside along with the clothes and books which were lit by them.

Considering the above aspects there is no serious overt act alleged against petitioners - accused Nos. 3, 4, 6 and 7. Serious overt act is alleged against accused No. 1 who had poured petrol on the books, clothes and also on the deceased and lit fire.

Considering the above aspects and as charge sheet is filed, petitioners are not required for further custodial interrogation. There are no criminal antecedents of the petitioners.

Considering the above aspects, petitioners have made out case for grant of bail/anticipatory bail subject to conditions.

In the result, the following;

ORDER

All the three petitions are allowed. Accused Nos. 3, 4 and 6 are granted bail and accused No. 7 is granted anticipatory bail in Crime No. 75/2025 of Patapalya Police Station subject to following conditions:

I. Accused Nos. 3, 4 and 6 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of jurisdictional Court.

II. Accused No. 7 shall appear before the jurisdictional Court within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum for the satisfaction of the jurisdictional Court.

III. Petitioners shall not tamper the prosecution witnesses either directly or indirectly.

IV. Petitioners shall attend the trial Court on all dates of hearing unless accepted and co-operate for speedy disposal of the case.