Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.618/2014 of Kumbla Police Station registered for the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 30.11.2014 at 4.30 p.m., they obstructed the de-facto complainant who was pedalling a bicycle on the road and they slapped him. In the course of the same, first accused stabbed him with a knife, which was warded off by the de-facto complainant with his right hand, thereby he sustained an injury on his right hand muscle. The petitioners have been in custody for the period from 2.12.2014 onwards.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the C.D., reveal that the investigation of the case is practically over. No criminal antecedents have been reported against the petitioners. Continued detention of the petitioners in custody is not required for the continued investigation of the case. Having regard to the period undergone by the petitioners in custody, the present stage of investigation and the absence of criminal antecedents on the part of the petitioners, I am satisfied that the petitioners can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them executing a bond for ₹25,000/- (Rupees twenty five thousand 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 Saturdays and Wednesdays, commencing from 20.12.2014 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 dl // True Copy // PA to Judge