'Superficial Injury': Karnataka High Court Grants Bail To Drama Artist Accused Of Throwing Acid On Co-Artist To Eliminate Competition

A single judge bench of Justice K Natarajan allowed the petition filed by Swathi and directed the Committal Court to release her on bail in case registered by Nandini Layout Police Station for the offences punishable under Sections 326A, 448 read with Section 34 of IPC, on execution of a personal bond for a sum of Rs.5,00,000, with two sureties for the like sum.

The Petitioner is named as the third accused in the FIR. As per prosecution, she colluded with accused no. 1 and 2 and the trio decided to throw acid on the victim's face to make her 'ugly'. In pursuance thereof, it is alleged that the trio drove to her house where accused No.1 threw cleaning acid on her face and the back while she was sleeping and ran away.

After verifying the CCTV footage, accused Nos.1 to 3 were arrested and they are in custody.

Findings:

At the outset, the Court remarked that it is unfortunate that a woman, in order to take revenge against another woman, threw acid on her through accused Nos.1 and 2 to disfigure her as a competition.

However, it allowed the bail plea, keeping in view the "superficial injury" sustained by the victim and the duration of Petitioner's custody.

"This petitioner is also a woman, a co-drama artist and in custody for almost more than five months. Considering the facts and circumstances of the case, the co-accused are already arrested and they are in jail, therefore, by imposing certain stringent conditions, if bail is granted to the petitioner, no prejudice would be caused to the case of the prosecution."

The Court also said that investigation in the matter is complete and a charge-sheet has been filed.

Case Title: Swathi v. State of Karnataka

Case No: Criminal Petition no 8209/2022

Citation: 2022 LiveLaw (Kar) 407

Date of Order: 19-09-2022

Appearance: Advocate A Derick Anil for Advocate Gangadhar for petitioner; HCGP Krishna Kumar K.K