B.M. Lat, J. - (1.)By this petition the applicant seeks cancellation of bail granted to the accused non-applicant No. 1, B.V. Karanth, by this Court in Misc. Criminal Case No. 1747 of 1986 dated 24.6.1986 on the ground inter alia that after getting the benefit of bail, during the pendency of the criminal trial for the offences punishable under Section 307 read with Section 201, Indian Penal Code, the accused-non-applicant B.V. Karanth by misusing the benefit of bail, is tampering with the prosecution witnesses so as to get himself acquitted.
(2.)Accused-non-applicant No. 1 B.V. Karanth, a recipient of Padma ShriT, an eminent artist, renowned actor, director and producer, is presently working as the Director of Rang Mandal attached to the Bharat BhawanT, Bhopal. He is facing his trial for charges punishable under Sections 307 and 201, Indian Penal Code on the allegations that on 24-5-1986 at about 11.40 A.M. at Qutbi House, Professors Colony, Bhopal, where the victim Kumari Vibha resides, the non- applicant Karanth tried to kill her by setting fire to her clothes after pouring kerosene oil. On hearing cries, one Ameena Bi, a maid servant, Hafiz, a neighbour, Shrimati M.J. Qutbi, the landlady, Faroque and Kumari Siba rushed to the house of Kumari Vibha Mishra. Faroque knocked the door of the victims house which was latched from inside. On knocking the door repeatedly for about 5/6 minutes, the accused opened the door. He was extremely nervous and upon inquiry stated that Vibha Mishra got burnt while cooking. Faroque found that some clothes and mat were also burnt and the room was full of smoke. Faroque called his sister Siba to help Kumari Vibha Mishra for changing her clothes after removing the burnt clothes from her body. Shrimati Qutbi also found smell of kerosene oil. On being asked, Kumari Vibha Mishra told them that she caught fire on account of spilling of kerosene oil over her clothes, from the gas stove.
(3.)The victim Kumari Vibha Mishra was admitted in Hamidia Hospital, Bhopal the cry day and from there a report was lodged in Talaiya Police Station House, Bhopal. Shri T.B.S. Chouhan, Town Inspector recorded her dying declaration in the hospital. He also recorded statements of the witnesses viz. Amina Bi, Faroque, Siba and the landlady Smt. Qutbi. Kumari Vibha Mishra was having serious burn injuries of 70 to 80 per cent on her body. It is recorded in the case diary statements of the witnesses that at the time of the incident, accused Karanth was inside the house and his hands were also burnt for which he gave extra-judicial confession before Dr. Harish Chandra. Certain letters exchanged between Vibha Mishra and Karanth, were also seized and sent to the Handwriting Expert. In her statement Amina Bi stated that a quarrel took place between the victim and the accused, which ended with a shriek of a female voice charging the other for causing burns. Statements of some more witnesses were also recorded by the police.