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Judgment
A.S. Pachhapure, J.—The petitioners have approached this Court having been arrested in Cr. No. 61/2012 registered for the offence punishable under Sections 120B, 302 read with Section 34 of IPC, Sections 24, 73 of Karnataka Forest Act and Sections 25 and 27 of Arms Act. The facts reveal that the petitioners are accused Nos. 2 and 3 and on 17.11.2012 the petitioners, deceased Abdul Latheef, complainant by name M.B. Harris, his brother Stanley and accused No. 1 had entered the forest for hunting elephants and forest animals. The facts also reveal that there was ill-will between deceased and accused No. 1. Initially, the police registered UDR complaint in UDR No. 27/2012 u/s 174(c) of Cr.P.C. for an accidental death of Abdul Latheef on a complaint by M B Harris. It is on 19.11.2012 that the police recorded the statement of Stanley, the brother of complainant who informed the police that due to ill-will, accused No. 1 Poonacha caused gunshot injuries to the deceased when they had entered the forest and was responsible for his death.
So far as the petitioners who are accused Nos. 2 and 3 are concerned, though Stanley states about the presence and causing threat to the complainant not to disclose the incident, no overtact has been attributed against them. Petitioners are arrested after the statement of Stanley was recorded. Hence, they have approached this Court for grant of bail.
I have heard learned Counsel for the petitioners and also learned State Public Prosecutor.
Perusal of material discloses that there is no overtact against the petitioners who were present at the time when accused No. 1 Poonacha caused gunshot injuries to deceased Abdul Latheef. Though there is complaint registered against the petitioners for the offence under Sections 24 and 73 of Karnataka Forest Act and Section 120B of IPC, at this stage, no material has been collected by the police. Taking into consideration of the aforesaid circumstances, I am of the opinion that it is a fit case where bail can be granted by imposing some stringent conditions. In the result, petition is allowed. Petitioners are ordered to be released on bail on their executing a personal bond for a sum of Rs. 50,000/- each with two solvent sureties each for the likesum to the satisfaction of the Trial Court with further following conditions:
a) Petitioners shall attend Srimangala Police Station twice a week i.e., on Thursday and Sunday in between 10.00 and 11.00 a.m. until further orders.
b) They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
c) They shall attend the Court as and when directed.