LAWS(SC)-2022-11-59

AMY MEHTA Vs. STATE OF KARNATAKA

Decided On November 17, 2022
Amy Mehta Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 10/6/2022 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 3492/2022, by which, the High Court has released respondent No. 2 herein on bail in connection with an FIR/Crime No. 8/2022 registered with Laxmipura Police Station, Mysuru City for the offences punishable under Ss. 376, 354, 328 and 120B of IPC, the original informant/complainant/prosecutrix/victim has preferred the present appeal.

(2.) We have heard Ms. Jayna Kothari, learned Senior Advocate appearing on behalf of the appellant, Shri Shubhranshu Padhi, learned counsel appearing on behalf of the State and Dr. Aditya Sondhi, learned Senior Advocate appearing on behalf of respondent No. 2 - accused. We have gone through and perused the impugned judgment and order passed by the High Court releasing respondent No. 2 on bail.

(3.) In view of the above and for the reasons stated above, the present Appeal Succeeds. The impugned judgment and order passed by the High Court releasing respondent No. 2 - accused on bail, deserves to be quashed and set aside and is accordingly quashed and set aside. The matter is remitted to the High Court to decide the bail application afresh in accordance with law and on its own merits after perusing the material/evidence collected during the investigation which are now a part of the chargesheet and upon taking into consideration the relevant aspects which are required to be kept in mind while examining the prayer for bail.