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Judgment
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
The petitioner was arrested by the respondent-Police in their Crime No.15/2017 in respect of the offence punishable under Section 395 of IPC.
During the pendency of the petition, on completion of the investigation charge sheet is filed against five accused. This petitioner is accused No.3. The offence alleged is under Section 395 and 120-B of IPC for committing dacoity at the residence of the complainant. The petitioner is in custody since 15.02.2017. Part of the stolen property is seized from his possession. The injured is alleged to have been assaulted by the first accused with a lethal weapon and thereby caused bleeding injury.
Learned HCGP opposes the petition by referring his previous case in Crime No.27/2017 registered by the Nelamangala Police. However, investigation having complete in this case, there is no impediment to allow the petition.
Accordingly, petition is allowed. The petitioner is enlarged on bail in Crime No.15/2017 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum. The surety shall not have the previous history of offering surety to accused in any other criminal case. The surety shall produce the original title deeds pertaining to their immovable properties and also their Identity Card/Aadhar Card for perusal of the Court.
(ii) He shall attend the Court regularly on all hearing dates and shall mark his attendance on every alternate Wednesday before the Investigating Officer during office hours till the conclusion of trial.
(iii) He shall not terrorize the prosecution witnesses.