Girisha @ Hiriyanna vs State of Karnataka

V. Jagannathan, J.—Heard both sides in respect of anticipatory bail sought by the Petitioner against whom a case is registered in Cr. No. 307/09 for the offences punishable under Sections 363, 365, 366 & 506 r/w Section 34 of IPC.

Submission made by the Petitioner''s Counsel is that, in respect of the alleged incident of accused No. 1 taking away the complainant on 28.08.09, the role assigned by this Petitioner is said to be that he assisted the main accused. Further submission made is that the other accused persons who are similarly placed like the Petitioner namely accused Nos. 2 & 4 have been granted anticipatory bail by this Court earlier in Crl.P. No. 1109/10 and therefore, the Petitioner be granted the similar relief.

Having regard to the above submissions and on perusal of the order passed by this Court earlier in Crl.P. No. 1109/10 in respect of accused Nos. 2 & 4, this petition also requires to be allowed by imposing conditions to safeguard the prosecution interest.

In the result, petition is allowed and anticipatory bail is granted to the Petitioner, subject to the following conditions:

(i) Petitioner shall be released on bail in the event of his arrest in Cr. No. 307/09 by Channarayapatna town police, on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer.

(ii) He shall not tamper or attempt to tamper the prosecution evidence.

(iii) He shall not give threat to the prosecution witnesses in any manner.

(iv) He shall attend the Court on all dates of hearing.

(v) He shall co-operate with the police for investigation.

(vi) He shall not involve himself in the offence of like nature in future.

(vii) He shall mark his attendance before the jurisdictional police station on every Saturday between 10 a.m. and 5 p.m.