1. This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.1 in respect of Crime No.52/2022 registered by Keragodu Police Station, Mandya District, for the offences punishable under Sections 143, 147, 148, 427, 307, 354(D), 506, 509 read with 149 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that in the complaint an allegation is made that this petitioner and other accused persons in order to defame the complainant and her sister uploaded the images in the social media about the sexual act and with an intention to take away the life, trespassed the house and caused the loss by damaging the window and glasses. Based on the complaint, the police have registered a case.
4. The learned counsel appearing for the petitioner would submit that no such attempt is made to take away the life and no person have sustained any injury and no such incident was also taken place and there is a delay of 5 months in filing the complaint. No nexus between this petitioner and the other accused persons, who are the residents of different localities and a false case, has been registered against the petitioner.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that a false allegation is made tarnishing the image of the complainant and also made an attack with deadly weapon and caused the damage to the window and glasses and committed the offences.
6. Having heard the respective counsel and on perusal of the material available on record, particularly, taking into the contents of the complaint and no injuries are sustained by any of the persons and the prosecution also not disputes the fact that no person was injured in the incident and only caused the life threat and also outraged the modesty of a sister of the complainant. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER
The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.52/2022 registered by Keragodu Police Station, Mandya District, for the offences punishable under Sections 143, 147, 148, 427, 307, 354(D), 506, 509 read with 149 of IPC, subject to the following conditions:-
(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering 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 her is disposed of.
