Thara v. State By,

A.D.JAGADISH CHANDIRA , J.

The petitioners, who were arrested and remanded to judicial custody on 12.05.2023 for the offences under Sections 307 & 109 of IPC, in Crime No.250 of 2023, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the victim/de-facto complainant had married a girl against the wishes of the petitioners, who are the mother and brother of the victim respectively. Thereby, the accused, who were antagonised with the act of the victim, had refused to give him a share in the property, due to which, there was a quarrel between them. While so, the petitioners, in order to commit murder of the victim/de-facto complainant, had poured turpentine oil on him and set fire, due to which, he suffered grievous burn injuries. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners, who are none other than the mother and brother of the defacto complainant respectively, are innocent persons and they have been

falsely implicated in this case. He also submitted that the fact remains is that due to the family dispute, the de-facto complainant had attempted to commit suicide by setting fire to himself, whereas, he has given a false complaint as against the petitioners. He also submitted that the petitioners are in custody from 12.05.2023 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that it is the case, where, the petitioners/accused, due to the family dispute, had set fire to the victim, who is the elder son of the first petitioner. He further submitted that due to the act of the petitioners, the victim had sustained grievous burn injuries and he is still in hospital and the respondent has also recorded the statement from the victim. He also submitted that the investigation in this case is still pending, hence, he vehemently opposed for grant of bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the gravity and nature of the offence committed by the petitioners, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition stands dismissed.

12.06.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 12.06.2023