Petition under Section 438 Cr.P.C.
2. Petitioners are accused Nos.4, 1, 2 and 3 respectively in Crime No.757/2014 of Hosdurg Police Station registered for the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of the IPC.
3. The allegation against the petitioners is that on 06.07.2014 they attacked the defacto complainant and his friend out of political enmity and hit them with wooden stick and stone and attempted to commit culpable homicide.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that there are criminal antecedents on the part of the accused Nos.1 and 2 and that in fact accused No.2 has violated the condition when he was enlarged on bail in another crime. On hearing either side and perusing the case records, this Court is of the view that this is a fit case in which anticipatory bail can be granted to petitioners 1 and 4 who are accused Nos.4 and 3 respectively. Petitioners 2 and 3 are, not entitled to the discretionary relief of anticipatory bail.
6. In the result, this bail application is allowed in part, and the investigating officer or such other police officer, who is conducting the arrest of petitioners 1 and 4, is directed to enlarge them 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) Petitioners 1 and 4 shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Mondays, commencing from 24.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) Petitioners 1 and 4 shall not tamper with the evidence or influence witnesses.
(iii) Petitioners 1 and 4 shall make themselves available for interrogation as and when required by the investigating officer.
(iv) Petitioners 1 and 4 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.
This bail application, as far as petitioners 2 and 3 are concerned, stands dismissed.
Sd/-
DSV/17/10 B. KEMAL PASHA, JUDGE