IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21st DAY OF JANUARY2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10042/2011 BETWEEN: Nagappa Yallappa Sulannavar, Aged 36 years, 0cc: Agriculture, RIo Patagundi, Gokak Taluk, District Belgaum. . . . PETITiONER (By Shri . M. B .Gundawade, Advocate) AND: The State of Karnataka, Represented by the State Public Prosecutor, High Court of Karnataka, Circuit Bench, Dharwad Through Mudalagi Police Station, Gokak Taluk. . . . RESPONDENT (By Shri.K.B.Adhyapak. Additional Government Advocate) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure seeking to release the petitioner on bail in Mudalagi Police Station Crime No.177/2010 for the alleged offences under section 497(A), 504, 302 of the Indian Penal Code. This petition coming on for orders this day. the court made the following ORDER Heard the learned counsel for the petitioner. 2. It is the case of the prosecution that the complainant, one Karevva, was married to the present petitioner about 13 years prior to the incident. The couple had three children, two daughters and a son. The petitioner was given to drinking and he had stopped working, with the result, the complainant had to take care of the entire family, including the petitioner. The petitioner would demand money from the complainant for his drinking and if the complainant refused to give money, he was in the habit of beating her up. This lead to Karevva abandoning the petitioner and going to her parental home. At the instance of village elders however, she did turn to her matrimonial home. Even after this incident, the very same treatment 3 continued and on a particular day, namely, 25.10.2010 Karevva had given Rs.200/- to the petitioner to fetch provisions, the petitioner had spent the same and consumed liquor and he returned home without purchasing the provisions. This infuriated Karevva who abused hint As a result, the petitioner had attacked Karevva and had set her on fire. This was witnessed by their daughter Ashiwini who ran out screaming for help and the neighbours came and tried to extinguish the fire. The petitioner had run away from the scene. Karevva was admitted to Hospital but, she succumbed to the injuries thereafter. It is in that background that a case was registered and the petitioner, who was absconding was arrested on 10.11.2010 and he is in judicial custody. An application for bail was filed before the Court ofthe Principal Sessions Judge, Belgaum and the same was rejected. Hence, the present petition. 4 In the above circumstances, which indicate that the daughter was a witness to the gruesome scene, there is no case made out for grant of bail. Hence, the petition is rejected. Sd/ JUDGE fly nv