ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.51/2020 registered by Kudagi police station, Vijayapur for the offences punishable under Sections 302 and 506 of Indian Penal Code, 1860 (for short 'IPC').

(2.) Brief facts of the case are, the complainant who is the mother of the deceased Sitabai had approached Kudagi police on 11.08.2020 and lodged a complaint alleging that her daughter Sitabai was married to the petitioner herein and from the said wedlock, they have got three children, aged about 6 years, 4 years and 2 years respectively. For the last few years, the petitioner who is the husband of Sitabai was harassing and ill-treating her and he used to consume alcohol and assault her and this was informed by Sitabai to her mother. On 09.08.2020 at about 5.00 p.m. when the complainant was in her house, Sitabai's father-in-law telephoned her stating that Sitabai had suffered burn injuries and the petitioner has taken her to Basavana Bagewadi hospital. Immediately, the complainant, her son and her daughter went to Basavan Bagewadi where Sitabail was admitted in a private hospital. There afterwards, the petitioner shifted Sitabai to some other hospital without even informing her and subsequently she came to know from her daughter Geeta that the petitioner had shifted Sitabai to Choudhari hospital in Vijayapur where she was admitted. On the next day, the complainant went to the said hospital and her daughter allegedly stated to her that the petitioner had caused the burn injuries and since she had screamed, many people came there and there afterwards the petitioner has shifted her to the hospital. Sitabai succumbed to the injuries at about 6.30 p.m. on 10.08.2020 and there afterwards on 11.08.2020 at about 12.30 p.m. the complaint was lodged and on the basis of the same, FIR in Crime No.51/2020 was registered by Kudagi police against the petitioner initially for the offence punishable under Section 302 of IPC. During the course of investigation, the petitioner was arrested on 12.08.2020. The police after investigation have now filed the charge sheet against the petitioner for the offences punishable under Sections 302 and 506 of IPC. The petitioner's bail application under Section 439 of Cr.P.C. in Crl.Misc.No.1192/2020 was dismissed by the Court of Principal Sessions Judge, Vijayapur on 28.12.2020.

(3.) The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The conduct of the petitioner would show that he has not involved in the alleged crime. The petitioner has got three small children to be taken care of. The deceased had suffered grievous burn injuries and she was not in a position to talk and therefore, the averments made in the complaint that the petitioner had caused burn injures is totally false. He submits that the petitioner is in custody ever since 12.08.2020 and investigation in the case is completed and charge sheet has been filed. Therefore, he prays to allow the petition.