Sri. Murthy vs State

Budihal R.B., J.—This is the petition filed by the petitioner - accused No. 1 u/s 438 of Cr.P.C. seeking anticipatory bail to direct the respondent - police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 380 and 457 of IPC registered by the respondent - police in Crime No. 3/2014.

Heard the arguments of the learned counsel appearing for the petitioner - accused No. 1 and also learned High Court Government Pleader for the respondent - State.

Learned counsel for the petitioner submitted that complaint has been lodged after delay of more than one month after the alleged incident. He also made the submission that the present petitioner has been involved in the case only on the basis of the voluntary statement said to have been given by the co-accused - accused No. 2. Counsel made the submission that accused No. 2 has already been granted with bail. Hence, he submitted by imposing reasonable conditions, petitioner may be admitted to anticipatory bail.

As against this, learned High Court Government Pleader during the course of his argument submitted that there is a material placed to show the involvement of the present petitioner in the commission of the alleged offences. There is also recovery of the tomato crates from the possession of the present petitioner and hence he is not entitled to anticipatory bail.

I have perused the averments made in the bail petition, F.I.R., complaint, order passed by the lower Court and other materials on record. Though it is alleged in the complaint that from APMC yard godown 300 tomato crates were stolen on 25-11-2013 by breaking open the lock. But the complaint was lodged on 08-01-2014 i.e., after more than 1� month of the alleged incident. The present petitioner has been arraigned in the case on the basis of the voluntary statement said to have been made by accused No. 2. It is the contention of the petitioner herein that he is innocent and not involved in the commission of the alleged offences and he has been falsely implicated in the case. He has also undertaken that he is ready to abide by any of the conditions to be imposed by this Court. The offences alleged are triable by the Magistrate Court and they are not exclusively punishable with death or imprisonment for life. Therefore, by imposing reasonable conditions, petitioner can be admitted to bail.

Accordingly, petition is allowed. The respondent - police are directed to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 380 and 457 of IPC registered by the respondent - police in Crime No. 3/2014, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall make himself available to the Investigating Officer for interrogation whenever called for;

(iv) The petitioner shall appear before the concerned Magistrate Court within thirty days from the date of this order and execute the personal bond and also the surety bond.