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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 9^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION No.200872/2021

BETWEEN:

Kumar S/o. Tippanna Chauhan

Age: 25 years, Occ: Coolie

R/o. Hoskera Taki Tanda

Tq: Shahapur, Dist: Yadgiri

… Petitioner

(By Sri Salomon Alfred, Advocate)

AND:

The State of Karnataka

Represented by the Additional

State Public Prosecutor, High Court

of Karnataka, Kalaburagi Bench

(Through Gogi P.S., Dist: Yadgiri)

… Respondent

(By Sri Gururaj V. Hasilkar, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C. praying to grant the bail to the petitioner in Crime

No.42/2021 of Gogi police station for the offence

punishable under Sections 498-A, 323, 307, 504, 506 read

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with Section 34 of IPC, pending on the file of learned Civil

Judge and JMFC, Shahapur.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

The petitioner has filed this petition under Section

439 of Cr.P.C. seeking regular bail in Gogi police station

Crime No.42/2021, registered for the offences punishable

under Sections 498-A, 323, 307, 504, 506 read with

Section 34 of IPC.

2.

The factual matrix leading to the case are that

the marriage of the complainant was solemnized with one

Roopsing about 15 years back and they are blessed with

four children. It is alleged by the complainant her husband

Roopsing was so innocent and he had no worldly

knowledge. She was residing in the matrimonial home

along with her husband, brother-in-law, sister-in-law,

mother-in-law etc., including the present petitioner. It is

also alleged in the complaint that in recent days, as her in-

laws have started to ill-treat her, she getting her food

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prepared independently and staying separately in the

same house. It is further alleged that on 24.04.2021 at

abuot 6.00 p.m., when the complainant was preparing

food, at that time, the present petitioner along with his

mother and sister abused her in filthy language stating

that she should prepare her food only after they get the

food prepared and she was assaulted and accused No.3 –

Gurunath pushed her in the burning fuel and she has

suffered injuries. She has obtained treatment and after

two days, she lodged a complaint alleging that there was

attempt on her life. On the next day, the present

petitioner was arrested and was remanded to judicial

custody.

3.

The petitioner has moved a regular bail

petition before the learned Sessions Judge, Yadgiri, but,

the learned Sessions Judge by his order dated 14.06.2021

has rejected his bail petition. Hence, the petitioner claims

that he was constrained to approached this Court.

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4.

Heard the arguments advanced by the learned

counsel for the petitioner and the learned High Court

Government Pleader for the respondent – State. Perused

the records.

5.

Having heard the arguments and perusing the

records, it is evident that the complainant, her husband

and in-laws including present petitioner are residing

together, but, cooking separately. It is also evident that

there was dispute between the parties regarding who has

to cook first. The complainant has made allegations

against her in-laws including the present petitioner in

respect of the ill-treatment meted to her by them.

However, she has spared her husband as he is innocent

and having no worldly knowledge. On perusal of the

complaint, the allegation against the petitioner is that he

has assaulted the complainant by hands on her back.

Looking to the nature of allegation, the offence under

Section 307 of IPC is not attracted as against the present

petitioner at this juncture. The main allegation is against

accused No.3 – Gurunath, who is said to have pushed the

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complainant in burning fuel and she sustained burnt

injuries. The wound certificate of the complainant

produced by the learned High Court