Petition under Section 439 Cr.P.C. filed to enlarge accused on bail. Petitioner, accused No.1, arrested in death of child. Court granted bail with conditions including personal bond and prohibition on tampering with witnesses.
Petitioner released on bail subject to personal bond of Rs.1,00,000/- with one surety and other conditions.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 16TH DAY OF OCTOBER 2020
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRL.P. NO.101139 OF 2020
BETWEEN:
SMT. POOJA W/O RAJU TALUKAR AGE:30 YEARS, OCC:COOLIE, R/O MARUTI GALLI KASUBAG, NOW AT JINNI GANESHPET, BELAGAVI, TQ & DIST:BELAGAVI.
…PETITIONER
(BY SRI. MOHANKUMAR M, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY ITS GOKUL ROAD P.S. HUBBALLI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.
…RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING THIS HON’BLE COURT TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.54/2019 OF GOKUL ROAD P.S. HUBBALLI NOW PENDING AS S.C. NO.62/2020 ON THE FILE OF COURT OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
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owner of the house that they are husband and wife. It is the further case of prosecution that the accused were of the firm belief that 2nd child Sanvi was born to them. They were not providing proper food to the first child Khushi and they used to assault her, since she was born to accused No.1 through her husband. On 20.08.2019 at about 2.30 p.m., when Khushi was crying to provide food, the accused got furious. At the instigation of accused No.1, accused No.2 slapped her and when she started screaming, he assaulted her with a wooden stick on her head. The said child became unconscious and she was taken to the hospital. The accused gave false information that she sustained injuries by falling down. At about 4 p.m., Khushi died on account of the injuries sustained by her. The accused thereafter, left the child in the hospital and sped away.
that there are no eye-witnesses to the incident.
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Even according to the prosecution, the petitioner has not assaulted the deceased child. The petitioner is in judicial custody for over one year along with her 2nd child, aged about 3 ½ years. He submits that the petitioner being a woman and now since charge sheet has been filed, she may be enlarged on bail by imposing any conditions which she is ready and willing to abide.
the house namely Prakash-CW18 has spoken about the circumstances which led to the death of Khushi, daughter of petitioner, aged 4 ½ years. She submits that CW18 has clearly stated that the child was being beaten by accused No.2 at the instigation of accused No.1. Accused were not providing proper food etc to the child. Therefore, she submits that this is not a fit case to enlarge the petitioner on bail and seeks to reject the petition.
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play in causing the death of her daughter Khushi is a fact which has to be established by the prosecution in the course of trial. The petitioner is in judicial custody since 26.8.2019. The petitioner is a woman and it is stated that her 2nd daughter aged about 3 ½ years is along with her. Charge sheet is already filed. Her further detention may not be necessary. In the facts and circumstances of the case, I am of the view that the petitioner may be enlarged on bail by imposing suitable conditions. Accordingly, the following:
ORDER
a) Petition is allowed.
b) The petitioner/Accused No.1 shall be released on bail in Crime No.54/2019 of Gokul Road Police Station, Hubballi, now pending in SC No.62/2020 on the file of the 1st Addl. District and Sessions Judge, Dharwad sitting at Hubballi, registered for the offence punishable under Section 302 read with Section 34 of IPC, subject to the following conditions:
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i) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the learned Sessions Judge.
ii) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
v) The petitioner shall be regular in attending the trial proceedings. The observations made herein above is confined to the disposal of this petition.
Sd/JUDGE
JTR
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case involving alleged culpable homicide punishable under Section 302 IPC.
Whether the petitioner's role in the incident necessitates continued detention or if bail can be granted with conditions.
2 provisions across 2 enactments
SMT. POOJA W/O RAJU TALUKAR
THE STATE OF KARNATAKA
MOHAMMAD NAWAZ
As recorded by the court registry
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