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Judgment
Hemant Chandangoudar, J
The petitioner accused No.3 having absconded, the charge sheet was split-up and the Trial court after appreciating the evidence on record, acquitted accused Nos.1, 2, 5 and 6 for the offences punishable under Sections 143, 144, 147, 148, 341, 504, 506, 302, 307, 326, 120(b), r/w 149 of IPC and Section 3, 25(1), 1(b), 7, 25(1), 1(A), 27(3) of Arms Act of Ullal Police Station.
The learned High Court Government Pleader on receiving instructions submitted that the State intends to file an appeal against the judgment of acquittal.
The petitioner-accused No.3 is in judicial custody since 07.10.2024 and judgment of acquittal of accused Nos.1, 2, 5 and 6 was after appreciating the evidence of all the prosecution witnesses. The Apex Court in the case of Umesh - vs- State of Kerala, (2017) 3 SCC 112, in the circumstances, where the charge sheet was split up and one of the accused was convicted and rest of the accused were acquitted has observed that the appellant therein is entitled for release on bail and liberty was reserved to file an application for discharge.
In the light of the above, the petitioner-accused No.3 has made out a prima facie case to enlarge him on bail. Accordingly, I pass the following:
ORDER
Criminal petition is allowed. Petitioner-accused No.3 is enlarged on bail in S.C. No.213/2023, on the file of the I Addl. District and Sessions Judge, Mangaluru, for the offence under Sections 143, 144, 147, 148, 341, 504, 506, 302, 307, 326, 120(b), r/w 149 of IPC and Section 3, 25(1), 1(b), 7, 25(1), 1(A), 27(3) of Arms Act, subject to the following conditions:
(a) Petitioner/accused No.3 shall furnish a personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.
(b) He shall appear before the Court as and when required.
(c) He shall not threaten or allure the prosecution witnesses in whatsoever manner.
(d) He shall not get involved in similar offences.
(e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.
Liberty is reserved with the petitioner to file an application for discharge before the Trial Court. If such an application is filed, the Trial Court to consider the same in accordance with law.