Vijay @ Pulimoote and Khaleel Ibrahimulla @ Khaleel vs State

K.N. Keshavanarayana, J.—Petitioners arraigned as accused Nos. 3 and 4 in C.C. No. 19919/12 on the file of IV Additional CMM, Bangalore City registered for the offences punishable under Sections 399 and 402 of IPC have sought for an order to enlarge them on bail. Petition is opposed by the respondent - State.

I have heard both sides and perused the records made available.

According to the case of the prosecution, at about 8.30 p.m. on 6.7.2012 when PSI-2 of Vidyaranyapura Police Station was on patrolling duty along with staff, near Sambram College, Vidyaranyapura he received information that about six persons armed with deadly weapons like chopper, knife club etc., are trying to rob the persons moving on the road behind Maruthi Enterprises shop in Ambabavaninagar. Immediately he along with his staffs and panchas went to the place and from a distance he saw six persons armed with deadly weapons standing by the side of a Maruthi Car. When the police party tried to catch hold of them, three of them escaped while the other three were caught hold. Those 3 persons apprehended, on interrogation, disclosed their names and identity and also disclosed the names and identity of the other three persons who ran away from the place. Petitioner Nos. 1 and 2 are stated to be two out of three persons who escaped from the place. Thereafter during investigation, these petitioners were arrested and subjected to judicial custody. The application filed by the petitioner for grant of bail came to be rejected by the learned Sessions Judge. On completion of investigation, charge sheet came to be filed by the Investigating Officer. However, the matter is yet to be committed to the court of sessions.

As noticed supra, the complicity of these petitioners in the commission of the offence alleged was said to have been disclosed by the three accused persons who were apprehended at the scene of occurrence. The offence alleged are not punishable with death or life imprisonment. Having regard to the materials available on record there are no reasonable grounds to believe that the petitioners are guilty of the offence alleged. Therefore, the petitioners are entitled to be enlarged on bail. Accordingly, the petition is allowed. The petitioners are ordered to be enlarged on bail in C.C. No. 19919/12 on the file of IV Additional CMM, Bangalore City (Crime No. 160/12 of Vidyaranyapura Police Station), on each of them executing personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety for the like sum to the satisfaction of the jurisdictional Magistrate/Sessions Judge and subject to the further conditions that:

i) petitioners shall not tamper or terrorise the prosecution witnesses in any manner;

ii) petitioners shall appear before the trial court on all hearing dates without fail;

iii) petitioners shall not indulge in any acts similar to the one alleged in the case;

iv) petitioners shall not go out of the jurisdiction of the court of sessions without express permission thereof and

v) petitioners'' shall mark their attendance in the respondent - Police Station on every 10th and 25th of each calendar month between 10.00 a.m. and 5.00 p.m. till the disposal of the case.