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Judgment
V Srishananda, J
Heard Sri Rajanna B.C., and learned counsel for the petitioners and Sri Vinay Mahadevaiah, learned High Court Government Pleader for the respondent/State.
Successive bail request is filed by the petitioners. Earlier bail request was dismissed as withdrawn.
Facts in the nutshell for disposal of the bail petition are as under:
Based on the complaint lodged by Sri Prabhakar C., S/o Late Chennappa, Bommanahalli Police have registered a case against the petitioners/accused persons and others for the offence punishable under Section 363 r/w Section 34 IPC.
Complaint averments reveal that on 09.05.2024 at about 3.00 p.m., son of the complainant by name Suhas went outside the house along with his friends and he did not return to house even after late night. Number of calls to the mobile telephone of the son of the complainant did not yield any result as the mobile phone was switched off.
On 10.05.2022 they kept searching in the friends and relatives house in the nearby places, but there was no positive result and therefore, they approached Bommanahalli Police and lodged the complaint.
Police after registering the complaint investigated the matter apprehended the accused persons and filed the charge sheet.
After cognizance was taken, learned Trial Magistrate committed the case to the Sessions Court and charges were framed. Accused persons pleaded not guilty. Therefore, trial was held.
In order to bring home the guilt of the accused persons, prosecution proceeded to examine the material witnesses, who have turned hostile to the case of the prosecution in toto, as could be seen from the depositions of the material evidence place on record. Rest of the witnesses are not much consequence in establishing the case of the prosecution.
As such, continuation of the accused persons/petitioners in judicial custody no longer warranted. Other apprehensions expressed by the prosecution can be met with imposing suitable and stringent conditions.
Accordingly, the following:
ORDER
(i) Criminal petition is allowed.
(ii) The accused persons/petitioners shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakh only] each with two sureties for the likesum to the satisfaction of the learned Trial Judge.
(iii) Petitioners shall not interfere with the true course of justice nor threaten the prosecution witnesses in any manner whatsoever.
(iv) Petitioners shall not leave the jurisdiction of Bengaluru Urban District without prior permission.
(v) Petitioners shall attend the Court regularly.
(vi) Petitioners shall not indulge in similar offences.
Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail.