JUDGMENT 1. The petitioner-accused No.1 aggrieved by the order dated 19.12.2019 passed by the Vth Additional District and Sessions Judge, Dharwad, sitting at Hubballi in Crl.Misc. No.852/2019 arising out of APMC Navanagar Hubballi P.S. Crime No.77/2019 for the offences punishable under Section 395 of IPC rejecting the application for bail filed by the petitioner, is before this court. 2. The case of the prosecution is that, on 25.09.2019 at about 12.30 hours when the complainant went to the house of one Smt. Lakshmi at Amargol for lunch, the said Smt. Lakshmi and another woman were there in the house. After having lunch, when he was sitting along with another woman, said Smt. Lakshmi went out side, all of a sudden, four known persons namely, Sunil, Santosh, Ganesh and Sanjay (A1) along with two other persons by pushing the door entered inside the house holding a camera and mobile and started pretending themselves to be reporters in T.V. channel. The complainant and other woman tried to pacify them, however, they continued to video graph the complainant and other woman. Accused No.1 slapped the complainant twice-thrice and threatened to telecast the video graph if a sum of Rs.10,00,000/- is not given to them. Out of fear the complainant handed over Rs.50,000/- that he had with him at the spot. The accused continued to threaten and ask the complainant to go and get the balance amount, hence complainant is said to have source of Rs.9,50,000/- and paid the same to the accused, on the same day. 3. Despite the complainant having made payment of Rs.10,00,000/- as demanded, accused continued to make phone calls by demanding money by black mailing the complainant and threatened to telecast videos in the T.V. Channel, if further amounts are not paid. The complainant further states that, having considered the same for some time, left with no other option the present complaint was filed on 03.10.2019. The accused including accused No.1 have arrested on 24.10.2019 and since then accused No.1 is in judicial custody. 4. The petitioner-accused No.1 had approached the Vth Additional District and Sessions Judge, Dharwad in Crl.Misc. No.852/2019 seeking for bail. However, the trial court rejected the said petition by stating that if the petitioner was enlarged on bail there would be a possibility of the petitioner threatening the prosecution witnesses. 4. The petitioner-accused No.1 had approached the Vth Additional District and Sessions Judge, Dharwad in Crl.Misc. No.852/2019 seeking for bail. However, the trial court rejected the said petition by stating that if the petitioner was enlarged on bail there would be a possibility of the petitioner threatening the prosecution witnesses. Considering the gravity of the offence being one under Section 395 and there being threat to investigation being completed properly, the application for bail came to be rejected. 5. Sri. Neelendra D. Gunde submits that the investigation is now complete, charge sheet has been filed and that accused No.2 has already been enlarged on bail by order dated 16.11.2019 of the Vth District and Sessions Judge, Dharwad sitting at Huballi in Crl.Misc.No.776/2019. He further submits that the petitioner is also entitled to be enlarged on bail on parity. 6. Per contra, the learned HCGP submits that there are serious offences which are committed and in fact substantial portion of amount collected being Rs.5,90,000/- has been recovered from the petitioner-accused No.1, which indicates that the petitioner-accused No.1 is involved in the crime. Hence, she submits that the petitioner-accused No.1 ought not to be released on bail. 7. Having heard Shri Neelendra D.Gunde, learned counsel for the petitioner and the learned HCGP and having perused the complaint, charge sheet and the order of the V-Addl. District and Sessions Judge, Dharwad sitting at Hubballi in Crl.Misc.No.776/2019. The reason why the complainant is said to have filed the complaint is because of the subsequent demands made by the accused, the incident is said to be taken place on 25.09.2019. Thus, the offences if at all subsequent to 25.09.2019 would be one of extortion punishable under Section 383 of IPC, which is punishable with imprisonment for maximum period of three years, as regards recovery for annexed to the charge sheet that though accused No.1 was arrested on 24.10.2019 and the recovery of Rs.5,90,000/- is stated to have occurred on 04.10.2019 at the instance of accused No.1. Therefore, there appears to be some inconsistency in view of which the petitioner-accused No.1 is to be given the benefit of doubt. 8. Therefore, there appears to be some inconsistency in view of which the petitioner-accused No.1 is to be given the benefit of doubt. 8. In the above circumstances, this Court is of the opinion that this is a fit case for allowing the petition as filed and order for the enlargement of the petitioner-accused No.1 on bail in Hubballi P.S. Crime No.77/2019 relating to Crl.Misc.No.852/2019 pending on the file of V-Addl. District and Sessions Judge, Dharwad sitting at Hubballi, subject to following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees three lakhs only) with two sureties for the like sum to the satisfaction of the trial Court. (ii) The petitioner shall be regular in appearing before the trial Court on every date of hearing as also when called upon to do so by the trial Court. (iii) The petitioner shall not tamper with the evidence and or any matter relating to the case of the prosecution. (iv) The petitioner shall not leave the jurisdiction of the trial Court without permission of the trial Court. (v) The petitioner shall submit a list of immovable properties said to be owned by the petitioner to the trial Court. In the event of violation of any of the above terms, the above bail shall stand automatically cancelled. The observation made above is only for the purpose of consideration of the application for bail and the same shall not in any manner influence the trial. The trial Court shall dispose the case on merits without being influenced by this order. Accordingly, the petition is allowed.