High Court Karnataka High Court

Sri Shankarayya vs The State Of Karnataka on 21 November, 2008

Karnataka High Court
Sri Shankarayya vs The State Of Karnataka on 21 November, 2008
Author: N.Ananda
IN THE man COURT OF' KARNATA¥f?3   .

cmcurr BENCH AT n1~1ARwA.I} ' V "  

DATED THIS THE 218'!' DAY-o'F'i~zoyEf.MgauE:§'.2é03'.V  'V

BEVFQRE  
THE HON'!-3LE    
CRIMINAL .1>E'r:'r;<.~':iI'LV:J(3;.fz43g[_;_29ogAV. 7

BETVWEEN:

SriShanka1'ay3'?a.__ "   I  7
S/o.S}1iva111dzi3y3¢'a Mefi 
Age:3() yt°_:a:'sv_   V
R/o.Tadako<':     *

Ta1uk,_6§VI)iati:'iC€: ...Pcfi1:io-net

(By  A-'BQI5aiiii,..   %
Amy   V _ %  _'

we state 51*
 State Pub%----Pmsecutor

 '  «.«Di:ax"v:a..1_ eipcuit Bench
 »Po_Ha::§'Station. ...Respondent

 *   HCGP)

VA  criminal petition is filed under swtion 439
Cr.P..{__.'.: praying to allow this bail petition and release the

.. AA 'p£;titioncr--accusai on baii in that Kjttur RS. Crime
'._=_I§d.;4~3]2G08 and C.C.No.447['2008 cm the file of JMFC,
 Béiiihongal

This petition coming on for orders this day, the Court
made the following:



ORDER

The accused is alkged to hay? set D»
caused her death. After the
admitted to Bclgaum Instzitutntpf Medggat VA _
The Taluk Executive dying
declaration wherein that
intervening night of 25): sun. when the
deceased parental house,
the sét the dcocasw on fire.

Aftegtlziév igeoniai, the dmaed was
alive

_; ‘ ” 2. I11.Vti;1:V_VPc:stK1o1.;tcm Report, cause of death is shown

” « :’to:V%’s.*1pticcm”aa;”A as a result of burn injurk s.

Counsel for accused~pctitioner would

in the ‘Wound Certificate it is shown that

” had sufiitmd accidental burns. The learned

would submit that éeccascd was admzittfl to

hospital at about 6.%. am. As per the earlier version,

I\»’ . ¢3£i(‘\/\.,§.vv\eI,,” (

: 3 :
rocmtied by the Doctor, éeceased hm suifered

burns.

The learned Counsel would euéigr.-.9£_:

accused had also sufiened 7

hospitalized. in the cizt:1:~xz»3esfaa11ceAS, like

decimation xecouied by the Ex¢cu1u5vee§«1®_t§%atc is m;

improvement to falsc}jr~impliaz:éife’

4. I am not pcmmailed ‘eubmission made

by fer for the following reasons:
the version five}: by the decwscd
as to the qf

31$ nof’ele:s=::finm the contents of Wound Ceztizficaine

‘ Leas. ‘gave the history of injuries. The source of

.. Wheiefom, the statement made by the deceased before

.. A’ file Executive Mag’strate as to the cause of her death

squarely fall under Section 32 of the Evidence Act. At

this stage, much importance camxot be given to the lfmtory

of injuries shown in the Wound Cextificate. The burn injuries

{\,:., 5,9/L» t”~»v~t£….

sufiemd by the accused would confirm presence of accused

at the time of occunence. However, at this stage -by

the mere presence of burn injuries on the efiot’;

possible to draw an inference ‘se”t ‘

on fire or that deceased had
injuries, while tying to tize
sufibmd burn i:::1ju1t§r:s.__ ‘h ‘ b

5. It is needless consul’ cring bail

application the Anéazeejm I a. analysis

of the file case. The Court is only
or otherw1se’ of puma’ facie
case._

In tlee on hanci, con:si.der:n’ g the strain’ ed

‘ ybenveen the couple before the case, the

“p.Ii;eefiee’.v–“oif accused at the time of occurrence and dying

made by the deceased before the Taluka

V. x Exeeuieivc Mags’ irate, I hold that them is puma’ facie against

‘”‘§t:’I 1e aac:ct1se(1 for an efienee punishable under Section 302

Having regard to the nature and mamitude of the

N: J/K