Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.83/2014 of Hosdurg Police Station registered for the offence punishable under Section 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 12.3.2014 at 5.45 p.m., he was found in possession of 150 Ltrs. of wash for brewing arrack and he was found keeping the same at the court yard of the house. On seeing the Excise party, he ran away from the spot after leaving the contraband. The petitioner has surrendered before the court below on 17.11.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the investigation is practically over and the final report has already been filed. No criminal antecedents have been reported against the petitioner. Continued detention of the petitioner in custody is not required for the continued investigation of the case. Having regard to the period undergone by the petitioner in custody and the absence of criminal antecedents on the part of the petitioner, I am satisfied 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 am and 11 am on all Thursdays and Mondays, commencing from 18.12.2014 for a period of three months.
(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 dl // TRUE COPY // PA to Judge