AI Structured Summary
Not yet generated for this judgment
Judgment
A.V. Chandrashekara, J.—This is a successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail on behalf on accused No. 2 in case bearing Cr. No. 300/2013 on the file of Vijayanagar Police Station, Mysore, for the offences alleged against him and accused No. 1, punishable under Section 302 read with 34 of IPC.
Heard the learned counsel for the petitioners and the learned SPP.
Perused the records.
The gist of the allegation made against these two accused are that the deceased Chandan was pressurizing accused No. 1 to have homosexual activity with him. Accused No. 1 was not co-operating with him and accused No. 1 was very much upset with the demand made by the deceased and somehow he wanted to get rid of Chandan and in this regard, he wanted to eliminate him.
While rejecting the bail application on 24.03.2003 in Crl.P. No. 492/2014, this Court has held that looking to the materials collected during investigation, so also the statement of CWs-3, 5 and 6 coupled with extra judicial confession said to have been made by this petitioner to the complainant CW-1, he is nor entitled to be released on bail.
Learned HCGP has vehemently opposed the bail application contending that there are no changed circumstances in the present case and that a clear observation has already been made by this Court while dismissing the bail application on 24.03.2014 by this Court.
It is true that while dismissing the bail application on 24.03.2014, this Court has made some observation about the prima-facie materials collected against the accused. The entire investigation has been completed and charge-sheet has been filed. The first accused had not been arrested when his bail application was dismissed on 24.03.2014. All the incriminating materials have been recovered. Whether the extra judicial confession stated to have been made by this petitioner to CW-1 is an admissible evidence and how far it can lend credence, is a matter on trial.
Learned counsel for the petitioner has argued that the present petitioner is a student of first year BBM in Mysore and his father is dead and that his mother is working as a Class-IV in State Bank of Mysore. Apart from this, petitioner has undertaken to obey any stringent conditions, which may be imposed by this Court. Hence, the petition is allowed and the petitioner is ordered be enlarged on bail, subject to the following conditions:
ORDER
Petitioner is ordered to be released on bail on executing a personal bond for Rs. 1 Lakh with a solvent surety for the likesum to the satisfaction of the learned JMFC/Sessions Judge;
He shall not tamper or attempt to tamper any of the prosecution witnesses.
He shall not hold out threats to the prosecution witnesses in any manner.
He shall not involve himself in any criminal activities.
He shall mark his attendance before the jurisdictional police station on every Sunday between 9 a.m. & 5 p.m., for a period of one year from the date of their release without fail.
Violation of any of the above conditions, would enable the prosecution to seek cancellation of bail.