~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2 and 3 respectively in Crime No.1049/2014 of the Hosdurg Police Station. According to the petitioners, they are apprehending arrest in connection with the said crime as the police has presently incorporated an offence under Section 308 IPC also in the crime. Presently, the crime is pending investigation for the offences under Sections 143, 147, 148, 341, 323, 324, 506 (ii) and 308 read with Section 149 IPC.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Initially, the petitioners were enlarged on bail by the Judicial First Class Magistrate's Court-I, Hosdurg on 10.10.2014. Thereafter, the investigating officer has filed Annexure-III report on 14.10.2014 by stating that when the de facto complainant was beaten by the 1st accused with an iron rod, the 1st accused evaded it and otherwise the same would have resulted in the death of the de facto complainant. The petitioners are already on bail. On the mere incorporation of an offence under Section 308 IPC, it cannot be said that the police can take the petitioners, who are already on bail, into custody, especially when the incorporation of the said offence does not deserve any merit at all. When the petitioners have a real apprehension that there is possibility of their arrest in connection with newly incorporated offence under Section 308 IPC, this Court is of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 14.11.2014 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/11/11 // True Copy // PA to Judge