Savitramma & Others vs State Of Karnataka

H.P. Sandesh, J

Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The petition in Criminal Petition No.201406/2021 is filed by accused Nos.2 and 3 under Section 439 of Cr.P.C., and the petition in Criminal Petition No.201442/2021 is filed by accused Nos.1 and 4 under Section 438 Cr.P.C., seeking regular bail and anticipatory bail respectively in Crime No.118/2021 of Gurumitkal Police Station, for the offences punishable under Sections 498-A, 306 r/w Section 34 of IPC.

Accused Nos.2 and 3 who are mother-in-law and father-in-law of the deceased-Rajita are seeking regular bail and accused No.1 who is the husband of the deceased is seeking relief of anticipatory bail. On 15.11.2021, the learned counsel for the petitioners submitted that while filing the chargesheet, name of accused No.4/petitioner No.2 in Criminal Petition No.201442/2021 has been dropped. Hence, the learned counsel for the petitioners has not pressed the petition against accused No.4.

Factual matrix of the case is that the allegation made against the petitioners is that marriage of the deceased-Rajita with accused No.1 was solemnized nine years prior to the filing of the complaint. In the said wedlock, she gave birth to three female children. The accused were abusing the deceased stating that she gave birth to only female children and she does not know how to do the work in the agricultural land. On the date of the incident, i.e., on 27.07.2021 in the early morning, the husband of the deceased abused her stating that she does not know even to do household work and on the same day, night at 10.00 p.m., accused No.1 assaulted her with hands. At that time, accused Nos.2 and 3 scolded her that she gave birth only to female children and she does not know how to do agricultural work and told her to go and die. Due to that humiliation, at around 11.00 p.m., on the same day, the deceased poured kerosene on herself and set fire. Witnessing the same, accused No.1 i.e., husband of the deceased tried to extinguish fire. She had sustained 85% to 95% burn injuries and accused No.1 also sustained 15% to 20% burn injuries.

The learned counsel appearing for the petitioners in Criminal Petition No.201406/2021 submitted that no such incident has taken place and accused Nos.2 and 3 have not scolded her or abused her and they have been falsely implicated in the case. It is also contended that the petitioners are living separately from the deceased and accused No.1 and they have not abused and subjected the deceased to any humiliation as alleged in the chargesheet. The learned counsel for the petitioner in Criminal Petition No.201442/2021 submits that when accused No.1 came to know that the deceased made an attempt to commit suicide, he went to rescue the deceased and he had also sustained burn injuries and no such incident has taken place as alleged in the FIR. He also submits that whether the allegations made against the petitioners attract Section 306 of IPC has to be tested during the trial. The police have investigated the matter and filed chargesheet. Hence, there is no need for custodial trial and there is no need of apprehending accused No.1. Hence, the petitioners may be enlarged on bail

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that accused Nos.1 to 3 on the day of the incident abused and assaulted the deceased and particularly, accused Nos.2 and 3/mother-in-law and father-in-law scolded her stating that she gave birth only to female children and has not begotten male child and she does not know both household and agricultural work. Due to humiliation, she took extreme step of committing suicide. Hence, the petitioners may not be enlarged on bail.

Having heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State and on perusal of the material on record, it is not in dispute that investigation has been completed and chargesheet has been filed. Accused Nos.2 and 3 who are in-laws of the deceased are in custody. The main allegation made against them is that they have abused the deceased stating that she does not know how to do household work and agricultural work and told her to go and die, whether it leads to abetment to commit suicide has to be considered during the course of the trial. There is no need of custodial trial of accused Nos.2 and

From the chargesheet averments it is clear that accused No.1 who is husband of the deceased has also sustained burn injuries while extinguishing fire. Taking into note the factual aspects of the case and also that the offences alleged against the petitioners are not punishable with death or imprisonment for life, it is appropriate to enlarge them on bail.

In view of the observations made above, I pass the following:

ORDER Both the petitions are allowed.

The petitioners/accused Nos.2 and 3 in Criminal Petition No.201406/2021 shall be released on bail in connection with Crime No.118/2021 of Gurumitkal Police Station, registered for the offences punishable under Sections 498(A), 306 r/w Section 34 of IPC, subject to the following conditions:

(i) Petitioners/accused Nos.2 and 3 shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the like- sum to the satisfaction of the jurisdictional Court.

(ii) Petitioners/accused Nos.2 and 3 shall not indulge in tampering the prosecution witnesses.

(iii) Petitioners/accused Nos.2 and 3 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) Petitioners/accused Nos.2 and 3 shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.

Petitioner No.1/accused No.1 in Criminal Petition No.201442/2021 shall be released on bail in the event of his arrest in connection with Crime No.118/2021 of Gurumitkal Police Station, registered for the offences punishable under Sections 498(A), 306 r/w Section 34 of IPC, subject to the following conditions:

(i) Petitioner No.1/accused No.1 shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) Petitioner No.1/accused No.1 shall not indulge in tampering the prosecution witnesses.

(iii) Petitioner No.1/accused No.1 shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.