CHENNAPPA SHIVAPPA KODADAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner- accused No.1 u/S 439 of Cr.P.C. in S.C. No. 8/2019 arose in Bevoor Police Station Crime No. 14/2018 alleging offences punishable u/S 498-A, 109, 302, 304-B r/w Sec. 34 of IPC besides Sec. 3 and 4 of the Dowry Prohibition Act, 1961. The accused is in judicial custody since from the date of his arrest. Therefore, the counsel is praying for enlarging him on regular bail among the grounds urged therein.

(2.) The factual matrix of this petition are as under:

(3.) The petitioner-accused No.1, namely, Channappa, who is no other than the husband of the deceased Manjawwa was addicted to alcohol and also in a provocative state of affairs. He used to beat the deceased by suspecting her fidelity and also abusing her in filthy language. On the fateful day also, the accused No.1 had abused the deceased by saying that she does not know cooking in the house properly. The Investigating Officer has laid the charge sheet against the accused as wherein this accused was the root cause for the death of the deceased and causing for burn injuries on her person which is indicated in the postmortem report issued by the Doctor who conducted autopsy over the dead body. The injuries inflicted on her person so also found in the inquest proceedings held by the competent authority in the presence of the panch witnesses. During the course of inquest panchanama, statement of one Balamma and Hanumanthappa was also recorded, as panch witnesses. During the course of inquest panchanama, the Investigating Officer has recorded the statement of one Raghavendra, Ningappa son of Shivappa Halalli, Basavaraj son of Ramanna, Dymappa son Devappa, Ramanna son of Shivanappa. They have stated in their statement in detail that the husband of the victim was insisting to bring additional dowry in terms of gold jewellery and cash in a sum of Rs.20,000/- from her parents house and so also that her husband who suspected her fidelity and picked up quarrel with her for the simple reason that she did not do household work properly and saying so, he used to beat her and abusing her in a filthy language. But on the fateful day of the incident as narrated in her statement, that her husband Channappa doused kerosene over her person and lit fire, as a result of that she sustained extensive burning injuries to the extent of 92% to 95% to the whole body. The same has been indicated in the PM report issued by the Doctor. These are all the materials which finds place in the record as wherein the Investigating Officer has laid the charge sheet against the accused.