Veeresh and Others vs State

K.N. Phaneendra, J.—On the complaint lodged by one Sharanayya Hiremath, brother of the deceased Mahadevi, the police have registered a case against the petitioner and others in Crime No. 77/2015 for the offences punishable u/sec. 323, 324, 498(A), 504, 506 of IPC. It is the case of the prosecution that the deceased Mahadevi was given in marriage to the petitioner No. 1 about six years back prior to the incident. It is alleged that the deceased was subjected to ill-treatment and harassment. The complainant suspected that, the petitioners and other accused persons are the root cause for the death of the deceased, who died due to the burn injuries.

During the course of investigation, the police have got recorded dying declaration of the deceased through the Taluka Executive Magistrate, Bagalkot, which was certified by the Casualty Medical Officer. In the statement, the deceased has not implicated any person. On the other hand, it is specifically stated by her that on 5-5-2015 at about 5-30 p.m., when she was igniting the stove for the purpose of making tea, suddenly the flame spouted and due to the accidental fire, she sustained burn injuries. Though the learned Sessions Judge has observed this fact in his order but he only enlarged accused No. 3 on bail and rejected the bail petition of these petitioners. The allegations are same against all the accused and specifically the deceased has not implicated anybody. There are sufficient materials to show that it was an accidental fire incident. In my opinion, the petitioners are also entitled to be enlarged on bail. Hence I proceed to pass the following:

The petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No. 77/2015 of Nidagundi Police Station, Dist. Vijayapur, for the offences u/secs. 323, 324, 498(A), 504, 506, IPC, on the file of J.M.F.C. Bagewadi, subject to following conditions:

i) The petitioners shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two solvent surety for the likesum to the satisfaction of jurisdictional committal Court.

ii) The petitioners shall not indulge in hampering investigation and tampering the prosecution witnesses.

iii) The petitioners shall also appear before trial Court on all the future hearing dates unless prevented by any genuine cause.

iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed off.