Ayub vs The State of Karnataka

A.S. Pachhapure, J.—The facts reveal that an 02.11.2009 the complainant was driving the lorry bearing registration No. TN.32/B-9634 from Nizamabad to Kallegala and after unloading the vehicle when he was proceeding with an amount of Rs. 21,000/- said to have been stopped his vehicle on road by about 8 persons who robbed the money, mobile phone and also the lorry and left the complainant by tying his eyes at some unknown place. During the investigation, the Petitioner who was in Judicial custody in another case and gave & voluntary statement and on the basis of the said statement the Petitioner has been arrested,

The counsel for the Petitioner submits that; there is no recovery of any incriminating material from the Petitioner and that he has not committed any crime. In these circumstances, he has sought for grant of bail.

I have heard the learned Counsel for the Petitioner and also the learned High Court Government Pleader.

Taking into consider the facts and circumstances and also the fact that there is no recovery of incriminating material from the Petitioner, I am of the opinion that it is a fit case wherein the bail has to be granted.

Hence the petition is allowed The Petitioner is ordered to be released an bail on his executing & personal bond for a sum of Rs. 50,000/- with one solvent surety for the likesum to the satisfaction of the Magistrate/Sessions Court with further following conditions:

i) That the Petitioner shall attend the Police Station on every Sunday between 10,00 to 11.00 a.m. till the conclusion of the trial as undertaken by him.

ii) He shall attend the Court regularly.

(i) He 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.