WILIYAM ANTHONY RAJ @ BILIYAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the sole accused. The charges levelled against the petitioner are that he was pressurizing the victim to marry him. She refused and informed the matter to her parents. In that respect, CW-10 the elder of the village warned the petitioner/accused not to harass the victim, inspite of it, on 20.12.2016 at about 10.30 a.m., when the victim was walking in front of the house of Anthappa, the accused all of a sudden assaulted the victim with Machhu on her head and caused bleeding injuries.

(2.) The wound certificate indicates that the victim had sustained multiple fracture which is certified as grievous in nature. Though the investigation is completed and charge sheet is laid and the accused has been in judicial custody since 20.12.2016, yet, having regard to the manner in which he has committed the offence inspite of warning by the elders, possibilities of the accused/petitioner either threatening or prevailing upon the victim cannot be ruled out thereby hampering the case of the prosecution. Hence, in my view, until the examination of the victim is concluded, accused cannot be admitted to bail.

(3.) Thus, taking into consideration of all the above facts and circumstances, petition is dismissed, reserving liberty to the petitioner to renew the prayer for bail soon after the examination of the victim before the trial court,