Minappa vs The State

Rathnakala, J.—This petition is filed u/s 439 of Cr. P.C. seeking bail in Crime No. 398/2013 of University Police Station, Gulbarga. Petitioner along with his family members has been charge sheeted for the offences punishable under Sections 498(A), 304(B), 302 r/w. Section 34 of IPC.

The allegation of the prosecution is that the marriage of the accused and the deceased was performed six months prior to the date of the incident. She was unhappy about the petitioner since his left hand was short. In this regard, she used to quarrel with him and in-laws of the deceased. Accused Nos. 2 to 4/in-laws used to threaten the deceased and torture her since she was bothering her husband. Petitioner, while others were not in the house, poured kerosene on the deceased and set fire on her.

Sri M.M. Allur, learned counsel for the petitioner submits that it is not a dowry death case. None of the witnesses have stated about any demand or harassment for dowry by the accused persons. Since the deceased was not happy about her husband''s short left hand, she committed suicide by consuming poison and at the same time had set fire on herself. The co-accused are already enlarged on bail. Since the charge sheet is filed, petitioner is no more required by the Investigating Officer. Hence, he may be enlarged on bail.

Sri S.S. Aspalli, learned High Court Government Pleader appearing for the respondent-State submits that on observing smoke coming from the house of the petitioner, CWs. 12 to 16-neighbors went near the house and broke opened the door which was locked from inside. On seeing the neighbors, petitioner herein who was inside the house fled away from the spot and when they saw the deceased, she was already dead on the spot.

On hearing both side and having gone through the charge sheet material, I find that the medical evidence indicates the presence of oxadiazine insecticide in the stomach of the deceased. Having regard to the facts and circumstances of the case, there is no impediment to allow the petition.

Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No. 398/2013 of University Police Station, Gulbarga, subject to the following conditions:

He shall execute a self Bond for a sum of Rs. 2,00,000/- with two sureties for the likesum;

He shall attend the Court regularly and punctually; and

He shall not threaten or prevail upon the prosecution witnesses.