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Judgment
V Srishananda, J
Heard Sri M.R. Nanjunda Gowda, learned counsel for the petitioner and Smt. N. Anitha Girish, learned High Court Government Pleader for the respondent/State.
This Court by earlier order rejected the bail request of the petitioner. However, liberty for the petitioner was reserved for moving the Court again in the successful bail request.
The petitioner has now prayed for grant of bail as under:
“Wherefore, the petitioner above named prays that this Hon’ble Court may be pleased to enlarge him on regular bail in S.C.No.242/2022 (in Crime No.337/2021 of H.D. Kote Police) on the file of the III Additional District and Sessions Judge, Mysuru for the offences punishable under Sections 114, 120(B), 302, 341 r/w Section 34 of IPC in the interest of justice.”
Sri M.R. Nanjunda Gowda, learned counsel for the petitioner submits that all the material witnesses including C.W.21 have turned hostile and prosecution has not cited any witnesses, whereby the prosecution could establish the last scene theory. Under the circumstances, he prays for grant of bail to the accused.
Learned High Court Government Pleader however opposes the bail grounds by contending that offence is heinous in nature.
Taking note of the fact that the material witnesses on behalf prosecution have not supported the case of the prosecution and despite treating them as hostile witnesses and cross-examined by the prosecution, no useful material is elicited in such cross-examination on behalf of the prosecution. Accordingly, continuation of the accused/petitioner in judicial custody is no longer warranted. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.
Accordingly following order is passed:
ORDER
(1) The criminal petition is allowed.
(2) The Petitioner shall be enlarged on bail in Cr.No.337/2021 of H.D. Kote Police Station, on executing a personal bond in a sum of Rs.2,00,000/- [Rupees two lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge.
(3) The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.
(4) Petitioner shall not leave the jurisdiction of Mysore District without prior permission.
(5) Petitioner shall attend the court regularly.
(6) The petitioner shall not indulge in similar offences.
Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail.
Ordered accordingly.