Petition filed under Section 438 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.932 of 2014 of the Sulthans Bathery Police Station, registered for the offences punishable under Sections 143, 144, 147, 148, 342, 367 and 326 read with Section 149 IPC.
3. The allegation against the petitioner and the other accused is that the petitioner wanted to settle scores against the defacto complainant, for which he entrusted with the task to other accused and they in turn, called the defacto complainant out of his house on 02.30 a.m. on 06.10.2014 and thereafter, he was forcibly abducted after shutting his mouth and eyes, by a car and was taken to the building under construction of the present petitioner, wherein he was severely beaten up with iron pipe and sticks. Thereafter, again he was taken back in the vehicle and he was taken to a distant place and he was thrown to the road side.
4. Heard learned counsel for the petitioner, learned counsel for the defacto complainant and learned Senior Public Prosecutor.
5. According to the learned counsel for the petitioner, the petitioner is suffering from renal failure and he is a stage V Kidney patient. Certificates have been produced. It is also pointed out that the matter has been amicably settled between the parties and the defacto complainant is present in the Court. Presently, he has no complaints against the petitioner. It seems that he is suffering from serious renal disorder. All the other accused have been arrested. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Even though there are serious allegations against the petitioner in the matter, considering his health condition and the present stage of the investigation, I am of the view that anticipatory bail can be granted to the petitioner.
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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Mondays and Thursdays commencing from 22.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
B. KEMAL PASHA JUDGE DSV/18/12