Karnataka High Court
Sri. Rudramuni vs The State Of Karnataka on 6 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8757/2017
BETWEEN:
Sri Rudramuni
S/o Rudraiah Swamy
Aged about 42 years
R/at Kempanayakanahalli
Jigani Hobli
Anekal Taluk-562 106. ... PETITIONER
(By Sri Girish M K, Adv.)
AND:
The State of Karnataka
Represented by Bannerghatta Police Station
Anekal Taluk
Bangalore District-562 106.
Represented by the
State Public Prosecutor
High Court Buildings
Bangalore-560 001. ...RESPONDENT
(By Sri K Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.195/2013 (S.C.No.5025/2017) of Bannerghatta P.S.,
Bangalore District, for the offence P/U/S 326A of IPC.
2
This Criminal Petition coming on for orders this day,
the Court made the following:
ORDER
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 326A of IPC, registered in respondent - police station Crime No.195/2013.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner has drawn the attention of this Court to the original complaint dated 1.11.2013 filed by the victim who is none other than the wife of the petitioner herein and submitted that in the first complaint there is no allegation as 3 against the petitioner herein, but on the contrary, it is stated that on 1.11.2013 at 5.20 a.m. when herself and her husband were in the house one unknown person entered the house and asked for water. She gave water to him. In the meantime, her husband went to answer the nature call. At that time, the said unknown person threw acid on her face, neck, mouth and eyes and ran away from the said place. She does not know his name and his whereabouts. Her husband and the neighbours immediately shifted her to the Victoria hospital and she is taking treatment.
Learned counsel also drew the attention of this Court to the further statement of the complainant wherein altogether a different case has been made out implicating the petitioner herein stating that it is the petitioner who has thrown acid on her. Hence, he has submitted that there is no prima facie case against the petitioner. There is a false implication. Petitioner is 4 having three children and he has to take care of them. He is in custody from the date of arrest. Hence, by imposing reasonable conditions, he may be admitted to regular bail.
4. Per contra, learned High Court Government Pleader during the course of his arguments submitted that in the further statement of the complainant there are allegations that petitioner herein has thrown the acid on her face. Hence, submitted that there is a prima facie case against him and as such, he is not entitled to be granted with bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other charge sheet materials produced in the case.
6. As per the first complaint on the basis of which FIR was registered, the allegations are not against the 5 petitioner herein, but against one unknown person. Accordingly, FIR was registered against unknown person. But subsequently, in her further statement she has implicated the petitioner herein. The materials show that the petitioner has made out a case for allowing the petition. The alleged offence under Section 326A of IPC is also not exclusively punishable with death or imprisonment for life. Petitioner has contended that he has to take care of his children and he is ready to abide by any reasonable conditions to be imposed by the Court. The investigation is completed and charge sheet is also filed. Hence, I am of the opinion that petitioner can be granted with bail.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offence punishable under Section 326A of IPC, 6 registered in respondent - police station Crime No.195/2013, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE bkp