JUDGMENT 1. The petitioner arrayed as accused no.8 is apprehending arrest in C.C.No.1035/2013 (Crime No.5/2013) pending committal on the file of JMFC at Kundapur. The offences alleged against petitioner are punishable under Sections 120-B, 143, 144, 147, 148, 341, 302, 201 r/w 149 IPC. 2. It is contended by the petitioner that there is no prima-face case against petitioner and petitioner has been implicated on the basis of confessional statements made by the other accused. The investigation records filed along with the final report do not reveal nexus between petitioner and offences alleged against him. 3. The investigation officer had filed remand application from 18.01.2013 to 01.02.2013, wherein, the name of petitioner or his complicity in the alleged crime has not been stated. In Crl.P 3004/2013, this court has granted bail to accused no.7 and the allegations made against accused no.7 and petitioner are similar and identical in nature. The petitioner has studied upto B.Sc. Degree and he has vested interest in the society. He is a permanent resident of Bangalore and he has responsibility to take care of his wife, a son aged about 7 years and his mother aged about 76 years. The petitioner undertakes to co-operate with the investigation as may be directed by this court. 4. The learned Government Advocate has filed following objections:- The petitioner is shown as accused no.8 and he is absconding. He was not available during investigation. The mobile used during commission of offences has to be recovered from the petitioner. The call details of mobile phone used by the petitioner would reveal that he was in touch with other accused prior to and after the incident of murder of deceased Vasudev Adiga. Accused no.3 has given extra-judicial confession, which would reveal complicity of accused no.8. The statements of CW.49-Ramakrishna Udupa, CW.50- Lingadevaru and CW.51-Mahesh Bhat would reveal that accused no.1 to 3 had conspired at 8.30 a.m., on 04.01.2013 in the house of accused no.3 at Bangalore, which was just three days prior to the date of incident. Before the date of incident, accused no.1 had met six persons near Kalmane on the way to Aralu Surali and those persons had reached that place in Black Scorpio and Safari vehicles. The petitioner (accused no.8) is required to hold a test identification parade. Before the date of incident, accused no.1 had met six persons near Kalmane on the way to Aralu Surali and those persons had reached that place in Black Scorpio and Safari vehicles. The petitioner (accused no.8) is required to hold a test identification parade. The materials collected during investigation and recovery of incriminating articles recovered during investigation would prima-facie indicate involvement of accused no.8 in the commission of murder of Vasudeva Adiga. The call details so far obtained would reveal that accused no.8 was in touch with accused no.7 on the date of incident. The Mobile Phone and SIM Card are to be recovered from the possession of accused no.8 who is absconding. 5. On hearing learned counsel for petitioner and learned Government Advocate for the State and after going through investigation records, I notice the following: The involvement of accused no.8 is suspected on the basis of incriminating materials collected on the information volunteered by other accused. The extra-judicial confession alleged to have been made by accused no.3 may bind accused no.3 however, such statement cannot bind the petitioner. If the petitioner is required for the purpose of recovery of mobile phone and for the purpose of interrogation, he can be made available to the investigation officer for such purposes. 6. The material collected against petitioner during investigation does not prima-facie indicate involvement of petitioner. Therefore, I am of the opinion that petitioner can be enlarged on Anticipatory Bail subject to suitable conditions to enable the investigation officer to interrogate the petitioner. 7. Therefore, I pass the following:- ORDER The petition is accepted. The petitioner shall surrender before the investigation officer. On such surrender, petitioner shall be arrested and released on bail by the investigation officer in Crime No.5/2013 registered for offences punishable under Sections 120-B, 143, 144, 147, 148, 341, 302, 201 r/w 149 IPC, subject to following conditions:- I. The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) and shall offer two sureties for the like sum; II. The petitioner, for the purpose of investigation, shall appear before the Investigating Officer whenever called upon to do so; III. The petitioner shall not intimidate or tamper with prosecution witnesses; IV. The petitioner shall extend co-operation during investigation of the case. The petitioner, for the purpose of investigation, shall appear before the Investigating Officer whenever called upon to do so; III. The petitioner shall not intimidate or tamper with prosecution witnesses; IV. The petitioner shall extend co-operation during investigation of the case. V. The petitioner shall mark his attendance in the jurisdictional police station on every Sunday once in fortnight between 10 a.m., and 2.00 p.m., for a period of two months from today. IV. The petitioner shall seek regular bail from the jurisdictional court within two months from today.