This court granted bail to the petitioner in a murder case involving a death by burn injuries, pending the completion of investigation and the filing of the FSL report, subject to conditions regarding suicide inducement.
Petitioner granted liberty to move the Lower Court for bail pending investigation and filing of FSL report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA
DATED THIS THE 19TH DAY OF FEBRUARY, 2013
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.15183/2013
BETWEEN :
Raju Kumar Metre S/o Manikappa, Age: 30 Years, Occ: Social Worker, R/o: Paterpalli, Taluk and District Bidar-584 101. … PETITIONER
(By Shri. Ustad Firasath Hussain, Advocate)
AND:
The State through Ashok Nagar Police Station, Gulbarga. … RESPONDENT
(By Shri S.S.Aspalli, Government Pleader)
This Criminal Petition is filed under Section 439 of Criminal Procedure Code by the advocate for the petitioner praying that this Court to release the petitioner on bail in Crime No.34/2012 (C.C.No.3354/2012) of Ashok Nagar Police Station, Gulbarga, which is registered for the offences punishable under Sections 302, 109, read with Section 34 of Indian Penal Code, 1860.
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This petition coming on for Orders this day, the Court made the following:
O R D E R
Heard the learned counsel for the petitioner and the
learned Government Pleader.
one Satish Arjun, that his daughter Shobha had sustained burn injuries and that she was admitted to the Government Hospital, Gulbarga. The complainant had rushed to the Hospital along with his wife and found the dead body of his daughter with burn injuries. It is further stated that the petitioner Raju Kumar and the complainant’s daughter Shobha, had taken a room on rent in the house of one Abdul Razak in Vidya Nagar Colony and they were residing there, since one month prior to the incident, Shobha was working in a Hostel and Raju Kumar was
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said to be the President of Handicapped Persons Association. On the information of Abdul Razak, the complainant has stated that Shobha and Rajukumar had taken the room while informing Razak that they were husband and wife. It was stated by Razak that they had been quarrelling since three days prior to the incident. He had overheard Shobha complaining that Rajukumar had pledged jewellery belonging to her and was unable to bring it back as assured by him and on 4.5.2012 at about 8.00 or 9.00 p.m. he had heard Shobha crying for help
and when he rushed to the room, she was ablaze and the petitioner also was in the room and he had also suffered burn injuries. It is stated that Razak and other neighbours put out the fire by pouring water on her and had admitted her in the Government Hospital. She however had succumbed to the injuries. It is stated that Shobha was actually married to one Vijaykumar. Since Vijaykumar had become mentally retarded, she had left him and she was living along with Rajukumar in the room rented out as aforesaid.
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alleged that Rajukumar had apparently set Shobha on fire by pouring kerosene on her and on inspection of the room where the incident had taken place, have found a 5 litre kerosene container and a container of rice, there was no indication of a stove-burst having caused any accident. Though according to the petitioner the stove had fallen on Shobha accidentally and her clothes had caught fire and in fact he had tried to save her and in the process had suffered severe injuries on all parts of his body and he was also hospitalized for over a month as a result of the injuries. According to the petitioner the burn injuries suffered by Shobha were accidental and not on account of any act on his part.
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are no statements of other witnesses to the effect that they had seen the petitioner set Shobha ablaze. Therefore, there is no prima facie case made out against the petitioner. The petitioner was not Shobha’s husband and that they were living together. Therefore, the question of instigation to commit suicide or having committed the murder of Shobha is false and therefore seeks enlargement on bail. The court below having rejected the bail on the ground that the investigation is yet to be completed and no chargesheet had been filed, does not justify the petitioner being kept in custody, indefinitely.
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directly at Rajukumar and the death having been caused unnaturally, the claim that it was accidental is unacceptable, as there was no sign of the stove having burst in the room and the fact Rajukumar had himself suffered injuries by itself would not absolve him of guilt at this stage of the proceedings, when the Forensic Laboratory Report is awaited, to enlarge the petitioner on bail and when the investigation is yet to be completed may result in the petitioner tampering with the evidence and influencing the witnesses for the prosecution. Therefore, having regard to the facts and circumstances of the death having occurred unnaturally and admitted circumstances that the petitioner was living with the deceased in a room in the house of Abdul Razak, would clearly justify the court below having rejected the petition.
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living together. The statements of Abdul Razak to the effect that there was a quarrel between Shobha and Rajukumar and that he may have instigated Shobha to commit suicide by setting herself on fire. And the fact that Rajukumar had tried to save her as he had suffered injuries himself, cannot be dismissed lightly. In any event the investigation is yet to be completed and the chargesheet is not filed. There is no material placed on record that there was kerosene splashed over the room if indeed Shobha was set on ablaze, there would be an indication of his clothes and her clothes being drenched with kerosene so and so forth, ought to be available on record. Therefore the petitioner is granted liberty to move the Lower court for bail soon after the investigation is completed and the FSL report is filed, for enlargement on bail. However, the court below shall address the circumstances also in the light of the observations made by this court as to there being an element of frustration on the part of Shobha which may have led to her
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having committed suicide which cannot be ruled out. With that observation, the petition stands disposed of.
Sd/- ������ JUDGE
msr
3 issues framed by the court
Whether the petitioner should be granted bail pending investigation in a case involving unnatural death and arson allegations.
Whether the petitioner's residency with the deceased and the nature of injuries incurred justify continued custody before the forensic report is filed.
Whether elements of frustration leading to suicide by the deceased cannot be ruled out despite bail being granted.
1 provisions across 1 enactments
Raju Kumar Metre
The State through Ashok Nagar Police Station
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
