IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8049/2019 BETWEEN:
SYED KAREEM @ KAREEM MUNNA S/O SYED GAFFAR, AGED ABOUT 50 YEARS, RESIDING AT NO.1/86, BESIDE SUGUNA HOSPITAL, DR. RAJKUMAR ROAD, 4TH ‘N’ BLOCK, PRAKASH NAGAR, RAJAJINAGAR, BENGLAURU-560010.
...PETITIONER (BY SRI: K.N. PYAREJAN , ADVOCATE) AND THE STATE OF KARNATAKA BY RAJAJINAGAR POLICE STATION, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
(BY SRI: HONNAPA., HCGP) ..RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL CR.NO.144/2019 OF RAJAJINAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner, the learned HCGP for the respondent - State and perused the records.
2. The factual aspects that discloses from the first information report are that a lady by name Smt. Ayisha Amreen, wife of Late Irafan Sharif has lodged a complaint stating that he was given in marriage to Irafan Sharif about six years ago, she begot two children and thereafter, it is alleged that she was residing with her mother at Chamarajpet. The accused often was visiting the house of the complainant and requested her to marry him, but she had refused for the same and for that he has been threatening her with dire consequences. On 22.10.2019, in the morning at 10.30 p.m., when the complainant came to the house of Karim Munna, the accused requested her to marry him, otherwise, he would kill her by saying so, he administered acid, she fell down, at that time, her sister Heena Koushar was present and admitted the victim to the hospital.
3. Learned counsel for the petitioner brought to the notice of this Court that the complainant/victim has already been discharged from the hospital on 24.10.2019. The police records shows that the accused had actually administered a non-concentrated acid, which is alkaline and diluted acid which is used for cleaning the bathroom. The records also state that the complainant was admitted to the hospital on 22.10.2019 and discharged on 24.10.2019 after two days. Learned counsel also drawn my attention to the first information report in Crime No.47/2019, whereunder, Smt. Hin Kousar, sister of the complainant has lodged a complaint against this petitioner earlier stating that the injured was given in marriage to the petitioner herein about two months prior to the said complaint which was filed on 14.03.2019 and infact in the said complaint, the petitioner was an absentee complainant and the daughter of Syed Kareem @ Munna stated to the complainant not to visit her house and threatened her dire consequences.
4. The above said facts of the case disclose that there is strong differences between the petitioner, complainant and her sister. In view of the above said facts and circumstances, learned counsel contended that a false implication has been made in connection with this case.
5. As the victim has already been discharged from the hospital and there is no threat to her life further because the petitioner/accused has already been arrested and he has been in judicial custody, which indicates that he is no more required for any further investigation, looking to the nature of the allegations and the facts of the case and the previous complaint and differences between the parties, in my opinion, particularly, under section 439 Cr.P.C., the petitioner is entitled to be enlarged on bail, as the offence under section 307 IPC is not compulsorily punishable with death or imprisonment for life. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.144/2019 of Rajajinagar Police Station, Bengaluru for the offence punishable under section 307 IPC pending on the file of IX Addl. CMM, Bengaluru subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
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Sd/- JUDGE