~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.2 and 3 respectively in Crime No.397/2014 of the Manjeshwar Police Station registered for the offences punishable under Sections 143, 147, 148, 450, 307, 326 and 212 read with Section 149 IPC.
3. The allegation against the petitioners is that on 15.06.2014 at 9.30 p.m. the petitioners and the other accused formed themselves into an unlawful assembly, armed with deadly weapons, committed rioting and committed house trespass for committing the murder of the de facto complainant, inflicted very serious injuries on him, thereby attempting to commit murder. Grievous hurt has been caused to the de facto complainant. The 1st petitioner surrendered before the court below on 12.09.2014 and the 2nd petitioner surrendered before the court below on 02.08.2014 and thereafter they have been in custody.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. It has been pointed out that the petitioners are involved in some other crimes also. The 1st petitioner had earlier approached this Court for bail through B.A. No.7537/2014 and the same was dismissed. The 2nd petitioner had earlier approached this Court for bail through B.A.No.7538/2014 and the same was dismissed as withdrawn. 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 petitioners in custody and the present stage of investigation, I am of the view that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them 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 petitioners shall report before the Investigating Officer in between 9 am and 11 am 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 petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The Petitioners 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