Hanmanthi vs The State

B. Sreenivas Gowda, J.—The petitioner has filed this petition under Section 439 of Cr.P.C., seeking to grant her bail in connection with Crime No. 91/2014 of Yadgiri Rural Police Station registered for the offences punishable under Sections 326(A), 307 r/w 34 of IPC.

I have heard the learned counsel appearing for the parties and perused the complaint, FIR and order passed by the Sessions Court rejecting her bail petition filed under Section 439 of Cr.P.C.

Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offences much less the one alleged against her. She has been falsely involved in this case. He further submits that the injured person has already been discharged from the hospital. Since the charge sheet has already been filed, there is no apprehension that if the petitioner is released on bail she would meddle with the investigation. It is submitted that petitioner is prepared to abide by any other conditions that may be imposed by this Court while granting her bail.

Whereas the learned High Court Government Pleader appearing for the respondent police submits that the major offence committed by the petitioner is under Section 307 of IPC which is punishable with the imprisonment of life. Even though the charge sheet has been filed, if the petitioner is released on bail she has every chance of tampering the prosecution witnesses. He further submits that the Sessions Court has rejected her bail application filed under Section 439 of Cr.P.C. on the ground that investigation is pending and charge sheet is yet to be filed. Now the charge sheet has been filed and therefore it is open for the petitioner to approach the Sessions Court for grant of bail.

On the basis of the first information furnished by the father of the victim to the Police in the hospital where the victim was undergoing treatment, the respondent-Police registered a case in Crime No. 91/2014 against unknown persons for the offences punishable under Sections 326(A), 307 r/w 34 of IPC. After recording statement of the injured on 26.04.2014 in the very same hospital, petitioner and another person were involved as accused Nos. 1 and 2 respectively and were arrested on 18.08.2014, and remanded to the judicial custody. Accused No. 2 has not applied for bail. The bail application filed by the petitioner before the Sessions Court was rejected on the ground that investigation was in progress. Now the chargesheet has been filed. The case of the prosecution is that accused have thrown acid on the face of the victim. Whereas accused No. 2 in his confessional statement has stated that he only asked petitioner/accused No. 1 to throw acid on the face of the victim stating that it is a holy water. At this stage, it cannot be said whether petitioner has done the said act knowingfully well that it was acid or under the impression that it was a holy water. As the injured-victim is the main witness and the charge sheet has already been filed, there is no apprehension that if the petitioner is released on bail she would meddle with the investigation or tamper with the prosecution witnesses. Further, the apprehension of the prosecution that if the petitioner is released on bail she may not appear before the Sessions Court regularly may be safeguarded by imposing stringent conditions while granting her bail.

Hence, I pass the following:

ORDER

The petition is allowed. The petitioner is released on bail, subject to following conditions:

"i) The petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one solvent surety for the likesum to the satisfaction of the Sessions Court.

ii) The petitioner shall not intimidate or tamper with the prosecution witnesses.

iii) The petitioner shall appear before the Sessions Court on all the dates of hearing without fail.

iv) The petitioner shall not leave the jurisdiction of the Sessions Court without its prior permission.

v) The petitioner shall also deposit a sum of Rs. 40,000/- before the Sessions Court as a security, within one month from today, in turn, the Sessions Court is directed to invest the same in Fixed Deposit in any Nationalized Bank, for a period of one year or till the disposal of the case on merits. In the event of conviction of the petitioner for the aforesaid offences, the same shall be released in favour of the victim and in the event of acquittal of the petitioner, the same may be refunded to her with accrued interest thereon.

vi) In the event of petitioner disobeying any of the above conditions, the respondent/Police are at liberty to move the trial Court for cancellation of the bail."