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Judgment
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The petitioner/accused No.1 is charge sheeted by the respondent-Police in their Crime No.14/2016 in respect of offence punishable under Section 302 of IPC.
The allegation of the prosecution is, the accused was married to the deceased Smt Harini on 8.6.2012 as per the customs and they have a male child from the marriage. The accused developed illicit relationship with another woman, which became the subject matter of quarrel and matrimonial breach between the couple. In that context, the petitioner used to quarrel with the deceased. On 8.1.2016, the complainant who is the father of the deceased called his daughter over phone and she informed him that she will be coming over to his house soon. Since she did not turn up, he along with the family members went to the house of the deceased and found that the door was bolted from inside. Since there was no response from inside, they broke open the window glass and found that the deceased was lying unconscious and the child was crying and when enquired with the child it was said that during quarrel between the parents, his mother was assaulted by father. Subsequently, she was shifted to the hospital where it is declared brought dead.
The investigation result is, during the afternoon hours the petitioner picked up quarrel with the deceased and banged her head to the wall. Thus, caused fatal injuries. The entire case of the prosecution rests upon the circumstantial evidence. As per the post mortem report two contusion marks were found over the left temporo-occipital region of the head and another on the outer aspect of the left side of the neck below the angle of the mandible.
The viscera sent for forensic report does not disclose presence of any contamination or poisonous substance. Since the case of the prosecution is yet to pass, through the test of trial, the petitioner being a person of known identity and address, there is no impediment to enlarge him on bail.
Accordingly, petition is allowed. Petitioner is enlarged on bail in Cr.No.14/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self-bond for a sum of Rs.2,00,000/- with two sureties for the like-sum.
(ii) He shall surrender his passport to the concerned Court till conclusion of trial.
(iii) He shall attend the Court regularly on all hearing dates and shall not tamper the prosecution witnesses.