AI Structured Summary
Not yet generated for this judgment
Judgment
This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail apprehending their arrest in Cr.No.29/2017 by the respondent police for the offences punishable under Sections 323, 324, 354, 509, 506, 394 r/w Section 34 of IPC.
The substance of the case of the prosecution as reflected in the FIR is that on 12.3.2017 the complainant along with his wife, her sister and parents-in-law were returning home after attending a matrimonial engagement at Virajpet. On their way the petitioners herein along with other accused waylaid the complainant''s wife and teased them. When the brother-in-law of the complainant Kannambeera Lathish, questioned, the petitioner herein along with other accused person assaulted said Lathish, the complainant and pregnant wife of the complainant was being pushed. Further the petitioners herein along with other accused misbehaved with the female members, who were with the complainant and threatened them to do away with their lives and in the course of attack, the petitioner in Crl.P.No.3922/2017 namely Kuppanamada Preetham Devaiah took away the golden neck chain weighing 30 grams and also a raybon spectacle belonging to the complainant.
Heard the learned counsel for the petitioners and the learned HCGP. Perused the records.
Learned counsel for the petitioners would submit that the petitioners are villagers and a false case is roped against these petitioners along with other accused persons and the petitioner No.2 herein namely Karthamada K Chengappa who was not named in the FIR, hence, this petition is filed.
Learned HCGP opposes the bail application filed by the petitioners and prays for rejection of the bail application.
The learned Sessions Judge, Virajpet has rejected the bail application filed by the petitioners herein under Section 438 of Cr.P.C. on 26/04/2017 in Cr.l.Misc.No.5022/2017. In the context of the circumstances no prejudice would be caused, if the petitioners are granted the discretionary relief of anticipatory bail. However, the apprehension of the prosecution would be resolved by imposing suitable conditions. Accordingly, the following:
ORDER
The petition is allowed. The petitioners are granted anticipatory bail in Cr.No.29/2017 of the respondent-Virajpet Police Station, subject to the following conditions;
i) In the event of their arrest in Cr.No.29/2017 of respondent-Virajpet Town Police Station, the petitioners shall be released on bail, subject to they executing personal bonds for a sum of Rs.1,00,000/- each with one solvent surety for the likesum.
ii) The petitioners shall not terrorize the witnesses or tamper with the prosecution evidence.
iii) The petitioners shall mark their attendance before the concerned I.O. on every Saturday at 9 p.m. till the filing of the final report.