~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.255/2013 of Hosdurg Police Station registered for the offence punishable under Section 436 IPC.
3. The allegation against the petitioner and other accused is that on 24.02.2013 at 3 a.m., they filled petrol in a bottle and after setting fire to it, threw the same into the house of the de facto complainant, thereby the window of the house caught fire. It is also alleged that they have destroyed the car parked in front of the house at the courtyard by setting fire to it.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. It has come out that the de facto complainant has sustained a loss of ₹50,000/- in the incident. The investigation of this case is practically over. Considering the facts and circumstances of the case and the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that anticipatory bail can be granted to the petitioner by making a provision for compensating the de facto complainant for the damages sustained.
6. In the result, this Bail Application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `1,00,000/- (Rupees One lakh 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 petitioner shall deposit an amount of ₹50,000/- before the Judicial First Class Magistrate's Court-I, Hosdurg, within seven days from today.
(ii) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 01.12.2014 for a period of six months.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(v) 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/27/11