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Judgment
This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner - accused No.1 on bail in Crime No.76/2010, registered in Channapattana Police Station for offences punishable under Sections 302 and 201 of Indian Penal Code, 1860.
After investigation, police filed charge sheet. Trial is in progress. All the four accused were are enlarged on bail pending trial.
It appears that C.W.5, father of the deceased filed a complaint registered as Crime No.327/2016 in Ramanagara Police Station alleging commission of offences punishable under Sections 341, 504 and 506 of IPC against the petitioner.
Based on the complaint filed by C.W.5, prosecution has filed an application under Section 439(2) of Cr.P.C. for cancellation of bail in Crime No.76/2010. Learned Judge on consideration of the said application, has allowed the same and cancelled the bail. By the same common order, he has also rejected the application of the petitioner for grant of fresh bail. Hence, this petition.
Shri A.V.Ramakrishna, learned Counsel for the petitioner arguing in support of the petition contended that due to inimical reasons, father of victim has filed this false complaint. Petitioner has been regularly attending Court and not violated any of the conditions. He further submits that the Court of the learned First Additional District and Sessions Judge at Ramanagara, is not having a Presiding Officer and as such, there is no further progress in a trial. Accordingly, he prays for allowing this petition.
Learned HCGP opposes the petition on the ground that the petitioner has violated the conditions of the earlier order. Accordingly, he prays for dismissal of this petition.
I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the material papers.
Admittedly, the petitioner was enlarged on bail along with three other accused. He has been taken into custody on 28.11.2016. There is no further progress in the case as it is submitted that there is no Presiding Officer in the Court. Therefore, in my view, this petition merits consideration and deserves to be allowed with certain stringent conditions. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in Crime No.76/2010 registered in Channapattana Police Station, upon his executing a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall not enter the said village till the evidence of C.W.5 is recorded.
(iii) Petitioner may move for relaxation of this condition after the evidence of C.W.5 is recorded.
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
iv) Petitioner shall not involve himself in any criminal activities; and
(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.