Karnataka High Court: H.P Sandesh, J. rejected bail as at this stage no offence can be attracted and the same is left to trial.
The factual matrix of the case is that on 20.09.2021, this petitioner assaulted his wife, when she victim was washing clothes. On account of injuries, she succumbed to the injuries. The police have investigated the matter and filed the chargesheet invoking the offences punishable under Sections 302 and 201 read with Section 34 of IPC. This petition is filed under Section 439 of CrPC seeking regular bail of the petitioner/accused No.1 in Crime No.86/2021 of Tavarekere Police Station, Sira Rural Circle, Tumakuru, for the offences punishable under Sections 302 and 201 read with Section 34 of IPC.
Counsel for petitioner submitted that petitioner has not used any weapon and it is the case of the petitioner that she fell down on the stone while washing clothes and sustained injuries. At the most, the incident attracts the offence under Section 302 of IPC and not 304 Part-II of IPC.
Counsel for respondent submitted that PM report is clear that on account of injury sustained to head, she succumbed to the injury and opinion of the doctor is clear that due to hemorrhage and shock on account of severe head injury, she passed away and at this stage, this Court cannot come to a conclusion whether it attracts the offence under Section 302 of IPC or 304 Part-II of IPC.
The Court observed that the Court has granted bail in Crl.P.No.8138 of 2021 in favour of accused 2, wherein observation is made that accused No.2 only facilitated in concealing the offence of murder committed by accused No.1 and hence, granted bail in favour of accused No.2 and the said order will not come to the aid of this petitioner.
The court observed that based on the factual aspect the Court cannot decide whether it attracts the offence under Section 302 of IPC or 304 Part-II of IPC and the same is a matter of trial.
The Court thus rejected bail. [Dinesh T v. State of Karnataka, Criminal Petition No. 611 of 2022, decided on 01-02-2022]
Appearances:
For petitioners: Mr. Manjunath B R
For respondents: Mr. Vinayaka VS
Arunima Bose, Editorial Assistant has reported this brief.
