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Judgment
A.V. Chandrashekara, J. - Heard Sri. Vivek Reddy, learned Senior counsel for the petitioners who are accused Nos. 1 to 3 in Cr.No. 304/2015 on the file of Respondent-Police for the offences punishable under Sections 143, 147, 140, 149, 307, 302 of IPC r/w Sections 3 and 25 of Arms Act, 1959 They are in judicial custody for the past 64 days. Hence regular bail application is filed on their behalf though similar applications are rejected by the learned Sessions Judge.
The case on hand relates to the murder of one Sahul Hameed on 10.11.2015 by these petitioners along with other accused. It is submitted that when the deceased along with others were returning to Siddapur in a vehicle after attending Tippu Jayanthi at Madikeri, these petitioners along with others shot at the inmates of the vehicle and the deceased was hit by a bullet and immediately he was shifted to hospital, where he was declared dead on 11.11.2015.
Learned Government Pleader has vehemently opposed the bail application on the ground that contents of the statements of the material witnesses would make out a prima-facie case with regard to the participation of these petitioners along with other accused in creating communal tension and assaulting Sahul Hameed and others who were proceeding in a vehicle on 10.11.2015. He has submitted that statements of some more witnesses will have to be recorded and investigation is still in progress and hence requested this Court to dismiss the bail application.
Heard Sri. Vivek Reddy, learned Senior counsel for the petitioners. Perused the records. Notice of this court is drawn to the statements of two persons viz., Musthaffa and Askar, who were the witnesses to the inquest. It is submitted by Sri. Vivek Reddy, learned Senior counsel that these persons were eye witnesses to the incident in question and they have not pointed out anything about the participation of these petitioners and these petitioners were very well known to them. It is submitted that persons who allegedly shot at them while they were moving in a vehicle are different from these persons and this fact will have to be taken into consideration.
As rightly pointed out by learned Senior counsel, there appears to be strong force in the said submission. It appears that two persons viz., Mustafa, a journalist, and Askar were also eye witnesses. Therefore, they have given detailed statement as to what had transpired when they were returning to their village after attending Tippu Jayanthi on 10.11.2015, when they were enquired at the time of inquest.
Major portion of the investigation is over and the incriminating weapons with which the firing is stated to have done have already been recovered. The accused/petitioners are in judicial custody since their arrest and have undertaken to abide by any conditions which may be imposed by this Court. The petitioners are permanent residents of Kodagu-Madikeri having roots in the community. Thus, the apprehension of the learned Government pleader could be suitably met with by imposing proper conditions. Hence, I pass the following:
ORDER
The petition is allowed.
Petitioners are enlarged on bail, in Cr.No. 304/2015 of respondent-Police Station, subject to the following conditions:
(i) Petitioners shall be released on bail on their executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) each, with a solvent surety each for the like-sum to the satisfaction of the concerned Court;
(ii) Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner.
(iii) Petitioners shall not involve in any criminal activities.
(iv) Petitioners shall attend the Respondent Police Station on every Sunday between 9.00 a.m. to 5.00 p.m. without fail, till the submission of the final report and thereafter shall attend the respondent-police station once in a month on second Sunday between 9.00 a.m to 5.00 p.m without fail till the disposal of the case.
(v) If the petitioners violate any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.
All these facts are taken into consideration for the limited purpose of disposing of the bail application. This shall not influence the learned Judge while disposing of the main petition.