C. NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned Government Pleader.

(2.) THE first petitioner is married to the second petitioner. The second petitioner is said to be his third wife. It transpires that his first wife had died and the second wife had deserted him. The petitioner No. 1 is said to have had two children by the first wife, namely the complainant, who is aged about 20 and a daughter who was aged about 17. It transpires that the daughter had consumed poison and after receiving information about her having consumed poison, the petitioners had rushed her to Sushrusha Nursing Home at Yelahanka and thereafter she was shifted for further treatment to Mahaveer Jain Hospital at Bangalore, she was conscious at that point of time and is said to have revealed that she had consumed poison. She had died later. Two days after her death, the complainant had lodged the complaint alleging that his father had instructed his step mother to fetch poison that was in the farm house and his father had forcibly held his sister while the poison was administered by step mother and it is in this background that the girl had died. It is on these allegations that the police had registered a case for the offences punishable under Sections 323, 342, 307 read with Section 34 of the Indian Penal Code, 1860.

(3.) IT is further contended by the learned counsel for the petitioners that the mere absence of a recording by the police as to the conduct of the petitioners, of them having taken the deceased to hospital in the first instance, when she had consumed poison and the fact that she had revealed that she had consumed poison to the doctor has not been taken note of by the Trial Court. In the absence of such recording, the Court below had proceeded to reject the bail application. The counsel would submit that in the circumstances of the case and having regard to the delay in lodging the complaint and the fact that, if the complainant was indeed a eyewitness to the alleged incident, his conduct would dilute the allegations and cannot be readily accepted.