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Apprehension Of Acid Attack: Karnataka High Court Refuses Bail To A Jilted Lover
Mustafa Plumber
18 Jan 2023 9:27 AM GMT
The Karnataka High Court refused bail to a jilted lover, accepting the apprehensions raised by the victim that if released on bail the accused would throw acid on her. A single judge bench of Justice M G Uma dismissed the petition filed by one Pavan, who was charged for offences punishable under sections 341 (wrongful restraint), 354(D) (stalking) and 506 (criminal intimidation) IPC...
The Karnataka High Court refused bail to a jilted lover, accepting the apprehensions raised by the victim that if released on bail the accused would throw acid on her.
A single judge bench of Justice M G Uma dismissed the petition filed by one Pavan, who was charged for offences punishable under sections 341 (wrongful restraint), 354(D) (stalking) and 506 (criminal intimidation) IPC and provisions of the Protection of Children from Sexual Offences Act.
The petitioner had sought bail on the grounds that he was apprehended on 12.06.2022 and since then he is in judicial custody. The only allegation made against the petitioner is that he illegally restrained the victim girl, tried to outrage her modesty and gave life threats to her.
He submitted that the offences are not punishable either with death or life imprisonment; investigation is completed and a chargesheet is also filed. Thus detention of the petitioner in custody would amount to pre-trial punishment as he is not required to be detained in custody for any purpose except to ensure his presence before the trial court.
However, the prosecution opposed the plea saying the victim has forwarded the objections for releasing the petitioner on bail as there is reasonable apprehension of the petitioner committing offence of throwing acid on the victim, if in case he is released on bail as he is criminally intimidated.
Following which the court said “The objections forwarded by the victim for grant of bail to the petitioner discloses that the accused is the resident of the same village and victim and her family members are having life threat as it is the only house of their community situated in the village.”
Then it opined “The apprehension expressed by the victim is very reasonable. If the accused executes his threat of throwing acid, the same cannot be undone at any cost.”
Accordingly court said it is not a fit case for grant of bail at this stage.
Case Title: Pavan And State of Karnataka
Case No: CRIMINAL PETITION NO. 9563 OF 2022
Citation: 2023 LiveLaw (Kar) 17
Date of Order: 06-01-2023
Appearance:
Advocate Jagadeesh H T for petitioner.
HCGP K Rahul Rai for R1.
