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Judgment
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.71/2016 of Chowk Police Station, Kalaburagi, registered for the offence punishable under Section 302 of IPC.
Brief facts leading to filing of the complaint are that, the deceased-Uma was given in marriage to the petitioner and both were residing in the house of CW.14. The petitioner used to ill-treat and assault the deceased suspecting her fidelity. In that light, on 22.06.2016 at about 7.00 p.m., with an intention to cause the death of the said Uma, the accused assaulted her and strangulated with a rope and thereafter, took her to the hospital. In the hospital, after the check up, the doctor declared her as dead. After coming to know the same, he came to the house and along with his first wife and children he absconded. On the basis of the complaint, a case has been registered and subsequently, during the course of investigation, he has been apprehended and now he is in custody.
I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he has not committed any offence alleged against him. There are no eyewitnesses to the alleged incident. Even the conduct of the petitioner clearly indicates that he has not involved in the alleged crime. If the petitioner has involved in the alleged crime, he ought not have taken the deceased to the hospital. No incriminating material has been recovered at the instance of the petitioner. The deceased herself has committed suicide and it is not a murder. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, she prays for allowing the petition.
On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner only with an intention to cause the death has assaulted the deceased and thereafter, by strangulating has killed her. He has further contended that postmortem report indicates that there are as many as six injuries found over the body of the deceased and even there is ligature mark around the neck which indicates that the deceased has died due to strangulation. It is also contended that petitioner has committed heinous offence of murder which is punishable with death or imprisonment for life. At this juncture, if the petitioner is released on bail, there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
I have gone through the contents of the complaint, FIR and other material produced along with the petition.
As could be seen from the records, neighboring witnesses have heard the screaming voice of the deceased and the petitioner was assaulting the deceased and subsequently, the petitioner came out of the house and has told CW.8 husband of Smt. Bhagamma and in his car he took the deceased to the hospital. In the hospital, the doctor declared that the deceased has died and thereafter, the petitioner fled away. Perusal of the postmortem report indicates that there are six injuries and the doctor has opined that the death is due to asphyxia as a result of construction of neck by a ligature associated with multiple injuries. If it is a case of suicide by hanging, she could not have sustained multiple injuries and that itself indicates that the death is not a suicidal death and it is a murder. When the said death has taken place in the house of the petitioner and when the petitioner was present in the house at the time of the alleged incident, prima facie it appears that it is the petitioner alone who has committed the said act. When there is prima facie material to connect the petitioner to the alleged crime and as the offences alleged are punishable with death or imprisonment for life, the petitioner is not entitled to be released on bail.
Hence, the petition is dismissed.