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2020 DIGILAW 681 (KAR)

Manjula v. State Of Karnataka

2020-03-09

K.S.MUDAGAL

body2020
JUDGMENT 1. The petitioner is accused No.1 in Crime No.136/2016 of Hunsur Rural Police Station which is now pending in S.C.No.363/2016 on the file of the VIII Additional District and Sessions Judge, Mysore sitting at Hunsur. 2. The case of the prosecution in brief is as follows: That the petitioner who is the wife of deceased Mahadevappa was pestering him for money and there used to be quarrels between them. On 12.04.2016 at about 7.30 p.m., petitioner picked up quarrel with the deceased demanding money. When he declined to give money, she poured kerosene on him and set him ablaze. Mahadevappa died due to burn injuries on 13.04.2016 at 5.00 a.m. in K.R.Hospital, Mysore. Accused Nos.2 and 3 the sons in law of the deceased Mahadevappa abetted the petitioner to commit the murder of Mahadevappa. 3. The earlier bail petition of the petitioner in Crl.P.No.7361/2017 was rejected on 31.10.2017. Before rejection of the said petition, three other petitions were filed before this Court and were withdrawn. Now the petitioner is before this Court on the ground that subsequently, the eye witnesses viz., CWs.1 to 6 were examined and CWs.2 to 6 have turned hostile. 4. According to the petitioner, the deceased himself was addicted to alcohol and had suicidal tendency and he himself attempted to commit suicide by self-immolation. Thus he died. It is contended that such defence is corroborated by the evidence of PW.1-complainant. 5. Admittedly, the petitioner was married to the deceased about 25 years prior to the alleged incident. Initially, the complainant-PW.1 implicates the petitioner as well as the sons-in-law of the deceased and in her examination before the Court, she back tracks and exonerates the sons in law. PW.1 in her cross-examination has admitted that four months prior to the incident of this case, deceased attempted to commit suicide by consuming poison. She further admits that it was the petitioner and the other accused who got him treated at that time in the hospital and cured him. 6. PW.1 has further admitted that deceased was addicted to alcohol and doctor had advised that if he continues his alcoholism, there is likelihood of he becoming mentally ill. She further admits that it was the petitioner who got Mahadevappa admitted to Alcohol De-addiction Centre at Dharmasthala and once he had tried to commit suicide by hanging himself. 7. 6. PW.1 has further admitted that deceased was addicted to alcohol and doctor had advised that if he continues his alcoholism, there is likelihood of he becoming mentally ill. She further admits that it was the petitioner who got Mahadevappa admitted to Alcohol De-addiction Centre at Dharmasthala and once he had tried to commit suicide by hanging himself. 7. Having regard to such mitigating material which has emerged subsequent to dismissal of the earlier petition of the petitioner, it may not be just to subject the petitioner to pre-trial conviction and sentence. 8. Therefore, the petition is allowed. Petitioner is granted bail in Crime No.136/2016 of Hunsur Rural Police Station, which is now pending in S.C.No.363/2016 on the file of VIII Additional District and Sessions Judge, Mysore sitting at Hunsur, subject to the following conditions: 1) The petitioner shall execute personal bond in a sum of Rs.25,000/- and furnish one surety for the like-sum to the satisfaction of the Trial Court for her appearance; 2) She shall appear before the Court as and when required for the purpose of enquiry/trial; 3) She shall not tamper the prosecution witnesses by threats, inducement or otherwise.