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Judgment
Mohammad Nawaz, J
Learned HCGP takes notice for respondent-State.
Heard both side and perused the material on record.
This petition is filed under Section 439 of Cr.P.C. by accused no.7 to enlarge him on bail in Crime No.161/2021 of Hirehadagali Police Station,
Ballari registered for Offences punishable under Sections 380, 511 of IPC and Sections 30(1), 30(3) of the Ancient Monuments and Archaeological
sites and remains Act,1958 and Section 3(2) of Prevention of damage to Public property Act, 1984.
It is alleged that on the night intervening 30-31.10.2021 between 10 p.m. and 5 a.m., accused persons in an attempt to commit theft, damaged the
Kalasa situated on the top of Sri.Kalleshwara Temple of Hirehadagali belonging to Archaeological Department and disfigured the same and thereby
committed the aforementioned offences.
Case is registered against unknown persons. In the course of investigation, accused no.1 came to be arrested on 13.11.2021, who is alleged to have
confessed the crime committed by him along with other accused persons. The petitioner is shown as accused no.7. He is arrested on 14.12.2021. This
Court in Crl.P.No.102429/2021 and connected matters has enlarged accused Nos.1 to 5 on bail on 10.01.2022 by imposing conditions. Petitioner also
stands on the same footing, as the allegations against all the accused are one and the same. Hence, the following:
ORDER
The petition is allowed.
Petitioner/accused No.7 shall be enlarged on bail in Crime No.161/2021 of Hirehadagali Police Station, pending on the file of Civil Judge and JMFC
Hadagali, subject to following conditions;
i) The petitioner shall execute a personal bond in a sum of Rs.50,000/-(Rupees Fifty thousand only) with two sureties for like sum to the satisfaction of
the jurisdictional Court.
ii) He shall furnish his residential address proof and shall inform the Investigating Officer/Court if there is change in the address.
iii) He shall make himself available for the purpose of investigation whenever necessary.
iv) He shall not tamper with the prosecution witnesses either directly or indirectly.
v) He shall not leave the jurisdiction of trial Court without prior permission of the learned trial Judge.
vi) He shall not involve in any criminal activities.