Devaraju v. State by Doddaballapura Rural Police, Bangalore
2013-01-02
K.N.KESHAVANARAYANA
body2013
DigiLaw.ai
Judgment :- 1. Apprehending his arrest by Doddaballapura Rural Police in connection with the case in Crime No.99/12 registered for the offence punishable under Section 302 of IPC, the petitioner has presented this petition under Section 438 of Cr.P.C. seeking the relief of anticipatory bail. 2. The petition is opposed by respondent - State. 3. I have heard both sides and perused the records made available. 4. According to the case of the prosecution, one Anjinappa, son of Late Gopalappa resident of Ittappanahalli village in Chickballapur Taluk lodged a report at about 3.45 p.m. on 21.3.2012 about the unnatural death of his daughter Sampangamma in Manchagondanahalli village. In the said complaint it was further alleged that this petitioner used to subject the deceased to physical and mental harassment and at about 10.30 p.m. on 20.3.2012 this petitioner assaulted the deceased by hand and kicked her by legs and he has killed the deceased. On the basis of the complaint the aforesaid case came to be registered and investigation was taken up. On coming to know of the registration of the case, the petitioner approached the learned Sessions Judge for the relief of anticipatory bail;. However, the said petition came to be rejected. Therefore, he is before this Court. 5. Admittedly the petitioner has been arraigned as accused in the aforesaid case registered for non-bailable offence. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded. 6. Perusal of the complaint indicates that the complainant was not an eye witness to the incident alleged. According to the complaint allegations, the deceased was married to one Lakshminarayana about 18 years ago and said Lakshminarayana died about 3 years ago and after the death of her husband, the deceased was residing in Machagondanahalli village. The material on record prima-facie indicates that this petitioner and the deceased were living together in a house in Machagondanahalli village as husband and wife. The petitioner has legally wedded wife and from the said wed lock, he has children. According to the statements of the witnesses said to have been recorded during investigation, in the evening of 20.03.2012 there was a quarrel between this petitioner and the deceased, since this petitioner told the deceased that he would go to celebrate Ugadi festival with his wife and children.
According to the statements of the witnesses said to have been recorded during investigation, in the evening of 20.03.2012 there was a quarrel between this petitioner and the deceased, since this petitioner told the deceased that he would go to celebrate Ugadi festival with his wife and children. The deceased appears to have objected for the same and wanted the petitioner to celebrate Ugadi festival with her. In spite of such protest, the petitioner left the house and on the next day morning, she was found hanging inside the house. During investigation, the dead body was subjected to post mortem examination. During post mortem examination, the doctor noticed ligature mark on the neck and also fracture of Hyoid bone. The viscera collected during the post mortem examination was subjected to forensic examination which revealed that no poisonous substance was detected. After receipt of the chemical examination report, the Doctor opined that the death was due to asphyxia as a result of hanging. According to the postmortem report, there were no other external injuries on the dead body. The statement of the witnesses said to have been recorded during investigation does not prima-facie indicate that, the deceased had met with homicidal death. 7. Regard being had to the facts and circumstances of the case and the materials available on record, there are no reasonable grounds to believe that the petitioner is guilty of the offence punishable under Section 302 of IPC. Therefore, the petitioner is entitled for relief of anticipatory bail. 8. Accordingly, the petition is allowed. The respondent -Doddaballapur Rural Police are hereby directed to release the petitioner on bail in the event of his arrest in connection with the case in Crime No.99/2012 of the said Police Station on his executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for the like sum to the satisfaction of the Investigating Officer and subject to the further conditions that: i) On such arrest and release, the petitioner shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case; ii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner; iii) The petitioner shall not indulge in any acts similar to the one alleged in the case; iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission thereof.