HANUMANTHA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition filed under Section 439 Cr.P.C., the petitioner, arrayed as accused No.2 in Crime No.162/2012 of Bantwal Police Station registered for offences punishable under Sections 314, 315, 201 of IPC and Sections 2, 3, 4, 5(2)(3)(4) of the Medical Termination of Pregnancy Act, 1971, has sought for an order to enlarge him on bail.

(2.) ACCORDING to the case of the prosecution, on 6.9.2012 at about 8.30 a.m., one Shekara S/o.Gopal Poojary lodged a report before the jurisdictional police stating that at about 7.30 a.m., on that day, he received an information from his cousin Bhaskara Poojary that his sister Leelavathy is found lying in a drainage. Immediately, he went there and saw his sister lying in the drainage and she was found dead. He further stated that he has no suspicion against anyone for the death of his sister Leelavathy but nevertheless, he wanted post mortem examination to be conducted on the dead body to know the exact cause of death. On the basis of the said report, case in UDR No.30/12 under Section 174(3)(4) of Cr.P.C came to be registered. The dead body was subjected to post mortem examination. During post mortem examination, the doctor preserved the vicera for histo pathological examination. However, having regard to the observations made during post mortem examination, the doctor was of the opinion that death was due to the complications of induced incomplete criminal abortion. The copy of the post mortem report was received by the Investigating Officer on 17.9.2012. Thereafter, on suspicion, Bhaskar Poojary, referred to in the first information report was apprehended and during interrogation, he said to have disclosed that there was illicit relationship between him and deceased Leelavathi, as a result of which, she became pregnant and in order to get the pregnancy terminated, she had consumed some tablets and thereafter, she was taken to the clinic run by this petitioner on 5.9.2012 where this doctor administered an injection and also gave some tablets and thereafter, referred her to Minsa hospital, Mangalore asking him to contact one staff nurse by name Leela and accordingly, he took the deceased to the said hospital where the pregnancy was terminated but on account of complications, she died and later, he brought the dead body and threw the same in the drainage. On the basis of the said statement of Bhaskar Poojary and the opinion of the doctor as to the cause of death, the Investigating Officer coverted the said UDR into a crime case for the offences punishable under Sections 314 and 315 IPC and arrayed said Bhaskar Poojary as accused No.1 and two more persons Dinesh Poojary and daadi Leela Karkera as accused Nos.2 and

(3.) I have heard both the sides. Perused the records made available.