@JUDGMENTTAG-ORDER
B.V. Pinto, J.@mdashThis petition is filed seeking bail in Crime No. 425/2011 of Vijayanagar Police Station, registered on 09.09.2011 for the offences under Sections 498A, 323, 355, 506B, 307 IPC and Section 27 of Arms Act. 1959.
2. It is the case of the complainant Smt. Vijaya Lakshmi that the Petitioner being her husband was harassing and ill-treating, her. It is the further case of the complainant that, on 08.09.2011, the Petitioner has assaulted her and was forcing her to transfer the property, which is in her name. He has also torn the clothes of the complainant and has beaten her and also has caused injuries by burning cigarettes and has attempted to commit the murder of the complainant and her son aged about 3 years.
3. Heard Sri S.K. Venkata Reddy, learned Counsel for the Petitioner and Sri H.S. Chandramouli, learned SPP for the Respondent State.
4. Learned Counsel for the Petitioner submits that the offences alleged against the Petitioner are not punishable with death of imprisonment for life and hence, he prays for allowing the petition.
5. Learned SPP has filed statement of objections and submits that the act of the Petitioner is grave in nature and there is a history of serious assaults on many earlier occasions also. He submits that the Petitioner being a film actor, the safety of the victim complainant is at peril. Therefore, suitable conditions should be imposed on the Petitioner and he should give an undertaking to the Court in the event of his release. He also submits that the Petitioner may be directed to be present before this Court on 13.10.2011, in order that further conditions may be imposed having regard to the safety of the complainant and her son.
6. I have perused the wound certificate. The wound certificate indicates 11 injuries, out of which injury Nos. 10 and 11 are fracture of middle phalynx of left index finger.
7. After hearing both the parties, it is observed that the offence is not punishable with death or imprisonment for life and hence, there is no impediment for granting bail. The Petitioner is in custody since 30 days. Hence, the petition is allowed. The Petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- with one surety for the likesum to the satisfaction of the Court below.
8. The Petitioner is directed to appear before this Court at 2.30 p.m. on 13.10.2011.
9. The further conditions will be imposed after securing both the Petitioner and the complainant and after holding further hearing on 13.10.2011.
10. Sri Venkata Reddy, learned Counsel for the Petitioner and Sri Chandramouli, learned SPP are also requested to assist the Court in arriving at a suitable decision after hearing both the parties in the interest of both the Petitioner and the complainant.
11. The State is directed to keep the complainant present so as to make an effort to bring about harmonious relationship between the Petitioner and the complainant.
