~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.419/2014 of Manjeshwar Police Station registered for the offences punishable under Sections 353, 308 and 506(ii) read with Section 34 IPC and Section 25(1-B)(a) of the Arms Act and Section 3(1) of the PDPP Act.
3. The allegation against the petitioner is that on 27.07.2014 the accused, in furtherance of their common intention, intimidated the Sub Inspector of Police by pointing a gun towards him and damaged the police jeep and deterred the Sub Inspector from discharging his official duties. The petitioner has been in custody from 01.08.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It has been pointed out that the petitioner is involved in some other crimes also. The petitioner had earlier approached this Court for bail through B.A. No.7536/2014 and the same was dismissed. So far, the final report has not been filed. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 11.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/07/11 // True Copy // PA to Judge