RAJSHEKHAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner/accused under Section 439 of the Code of Criminal Procedure seeking his release on bail of the alleged offences punishable under Sections 498A, 504 and 307 of the Indian Penal Code registered in the respondent Police Station Crime No. 237/2014. After the death of the deceased the offence under Section 302 of IPC was registered as per the requisition of the police.

(2.) THE brief facts of prosecution's case, as per the averments in the complaint, are that on 12.12.2014 one smt. Netravati Rajshekhar Rabbanni wife of the petitioner herein, filed a complaint before the Garag Police, at KLE Hospital, Belagavi, alleging among other things that, her maternal place is Basavana Kuduchi of Belagavi District, that 1 1/2 years ago she got married to the petitioner herein who is working as M.T. Driver in Indian Army at Jammu and Kashmir. It is further alleged that whenever he was coming on leave he was abusing her assaulting her and even suspecting her character. It is further alleged that 15 days earlier to filing of this complaint, the petitioner came on leave. A day earlier to filing of this complaint, at about 10.30 p.m. when she was in the kitchen, he abused her and threatened her and poured kerosene on her person and lit fire. As a result she suffered burn injuries on her person. Immediately she was taken to the hospital and subsequently, on 16.12.2014 she succumbed to the injuries. It is also the case of the prosecution that in the meanwhile, she also gave a dying declaration before the Taluka Executive Magistrate.

(3.) LEARNED counsel for the petitioner, during the course of his arguments, made the submission that though it is the case of the prosecution that the deceased gave the dying declaration, but looking to the contents of dying declaration, there is no certification by the doctor regarding the mental condition of the deceased that she was capable to give the dying declaration. The learned counsel submitted that as per the materials placed on record, even according to the prosecution's case, deceased sustained 80 -85% burn injuries and therefore, in view of this factual matrix, it raises a doubt as to whether really she was capable of giving the statement before the Taluk Executive Magistrate. The learned counsel further made the submission that though the prosecution relied upon the statements of in -laws of the deceased said to have been recorded by the investigating officer during the investigation, looking to the contents of the statements of in -laws and the alleged dying declaration of the deceased, there is no consistency and again it raises a pinch of doubt in the mind, whether the dying declaration has been given by the deceased. He also made the submission that even the accused person also sustained injuries to both his hands when he went to the rescue of the deceased and then he accompanied the deceased while she was taken to the hospital. Hence, he submitted that if, really, he set her ablaze what was the reason for him to go for her rescue. He further submitted that the petitioner is the sole bread -earner of the family having old aged father and now the investigation of the case is already completed, by imposing reasonable conditions, petitioner may be enlarged on bail.