Janardhan Alias Jagadish v. State by Urva Police Station
2015-06-08
A.V.CHANDRASHEKARA
body2015
DigiLaw.ai
ORDER : 1. This petition is filed under Section 438 of Criminal Procedure Code, 1973 seeking anticipatory bail in respect of Cr. No. 15 of 2015 registered by the Urva Police Station. Offences are punishable under Sections 143, 147, 148, 448, 427, 324, 504, 506, 307 and 149 of Indian Penal Code, 1860 and Section 2(a) of Karnataka Prevention of Destruction and Loss of Property Act, 1981. 2. Bail application filed by the petitioner has already been dismissed by the Court of the II Additional District and Sessions Judge, Dakshina Kannada, Mangalore on 23-4-2015 in Cri. Misc. No. 303 of 2015. The petitioners are apprehending arrest at the hands of the respondent-Police. 3. The Government Pleader has vehemently opposed the bail application on the ground that investigation is still under progress and they are required for custodial interrogation. It is further argued that these petitioners along with other accused had formed an unlawful assembly and came to the house of the Vidya, sister of Arun with intention to kill him. 4. Heard the learned Counsel for the petitioner and learned Government Pleader. Perused the records. 5. The bail application filed on behalf of the other accused has already been allowed on 5-6-2015 in Cri. P. No. 2785 of 2015. While granting bail detailed discussion has been made. 6. In the light of similarly placed accused being released on bail by this Court in Cri. P. No. 2785 of 2015, the present petitioners are also entitled to be released on bail. The petitioners are permanent residents of Mangalore having roots in the community. They have undertaken to obey any conditions imposed on them. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions. 7. In the result following order is passed:- The petition is allowed. Petitioners are to be enlarged on bail, in Crime No. 15 of 2015 of Urva Police Station, Mangalore District, subject to the following conditions:- (1) Petitioners shall be released on bail on their executing a personal bond for a sum of Rs. 75,000/- (Rupees Seventy-five Thousand) each with a solvent surety, for the like sum to the satisfaction of the concerned Court. (2) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses. (3) Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner.
75,000/- (Rupees Seventy-five Thousand) each with a solvent surety, for the like sum to the satisfaction of the concerned Court. (2) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses. (3) Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner. (4) Petitioners shall not involve in any criminal activities. (5) Petitioners shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial. (6) Petitioners shall mark attendance at the Jurisdictional Police Station on every second Sunday of the month between 9 a.m. to 5 p.m. for a period of one year from the date of his release without fail. (7) If the petitioners violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail from the concerned Sessions Court.