Karnataka High Court
Sri. Muniyappa vs The State By Sho on 16 December, 2014
1 Crl.P 7518/14
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2014
BEFORE
THE HON'BLE MR. JUSTICE A.S. PACHHAPURE
CRIMINAL PETITION No.7518 OF 2014
BETWEEN:
SRI. MUNIYAPPA
S/O LATE YELLAPPA
AGED ABOUT 58 YEARS
R/AT HALASALLI VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK-562 106
BANGALORE URBAN DISTRICT.
... PETITIONER
(BY SRI: GANGADHAR, ADV)
AND:
THE STATE BY SHO
SARJAPURA P.S.
REP BY S.P.P.
HIGH COURT BUILDINGS
BANGALORE-560 001.
... RESPONDENT
(BY SRI: B VISWESWARAIAH, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
S.C.NO.5044/2014 (CRIME NO.79/2014) PENDING ON THE
2 Crl.P 7518/14
FILE OF III-ADDL. DISTRICT & SESSIONS JUDGE,
ANEKAL FOR THE ALLEGED OFFENCE P/U/S 326(A) OF
IPC.
THIS CRL.P. COMING ON FOR ORDERS, THIS DAY
THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner has approached this Court for grant of bail for having been arrested and chargesheeted for the offence punishable under Section 326A IPC.
2. The facts reveal that there was enmity between the sister of victim and the petitioner. There were some events earlier to the incident between the victim and her sister on one side and the petitioner. On 11.03.2014, in the night at 8.30 p.m. the victim had been to answer the call of nature, at that time, three persons are said to have thrown the acid on the face of victim. She was shifted to the hospital, treated and discharged. On 15.04.2014, a complaint came to be filed by the victim alleging that it is the 3 Crl.P 7518/14 petitioner and another who threw acid on her. In the course of investigation, petitioner has been arrested.
3. Heard the learned Counsel for both the parties.
4. Perusal of the material placed on record reveals that the incident took place on 11.03.2014. The injury certificate reveals that she was treated in the hospital on the said date at 10.40 p.m. with a history of burns when two unknown persons threw acid on her at around 8.00 p.m. on 11.03.2014. So perusal of the injury certificate does not disclose the name of assailants who threw the acid. It is later that after about one month and few days, that a complaint came to be filed implicating the petitioner as one of the assailant who threw the acid.
4 Crl.P 7518/14
5. Petitioner is aged 58 years. Except the enmity attributed in the complaint and the version of victim in the complaint, at this stage, there is no such material. The name of petitioner was not disclosed at the first instance, it was later after one month three days, the petitioner is implicated.
6. Taking into consideration the age of petitioner and also the possibility to secure him for the purpose of trial and as he has been in custody since for the last morethan 7 months, I am of the opinion that it is a fit case where bail has to be granted.
7. Consequently, the petition is allowed. The petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of Court below, with further following conditions:
5 Crl.P 7518/14
a) Petitioner shall mark his
attendance in Sarjapura Police
Station on every Sunday in
between 10.00 to 11.00 a.m.
until further orders.
b) He shall not, directly or
indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
c) He shall attend the Court as and when directed.
d) He shall not involve in any such criminal activities.
Sd/-
JUDGE *bgn/-