Kurangu @ Venkataramana Shetty vs State

A.S. Pachhapure, J.—The Petitioner apprehending his arrest for the offence punishable u/s 379 IPC has approached this Court for grant of anticipatory bail.

It is alleged in the complaint that on 29.09.2007 in the night, 2 persons came to the farm house of the complainant and by tying the latches of the door took away 26 sheeps of the complainant, in a vehicle. A complaint in this regard was filed by the owner and during the course of the investigation, the other accused revealed the name of the Petitioner. It is on the basis of the said statement, the Petitioner''s name has been shown as accused. After the investigation, charge sheet has been filed showing the Petitioner as absconding.

The Petitioner apprehends his arrest and submits that he is innocent and has not committed any offence much less the one alleged. He also submits that he is ready and willing to abide by the condition/s that may be imposed for his release or bail.

I have heard the learned Counsel for the Petitioner and also the learned Government Pleader.

The perusal of the records reveal that there is no recovery of sheeps which were said to have been stolen by the accused. Even in the complaint also, there is no mention of the name of the accused and it is stated that they were unknown persons. It is only during the interrogation of some other accused that the Petitioner has been arrayed as accused. Furthermore, the other accused have been released on bail.

Taking into consideration these all circumstances together, I am of the opinion that it is a fit case, wherein the anticipatory bail can be granted.

In the circumstances, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest, on his executing a personal bond for a sum of Rs. 10,000-00 with one solvent surety for the like sum to the satisfaction of the arresting authority with further following conditions:

1) The Petitioner shall appear before the Police Station concerned, within 15 days from today.

2) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

3) He shall attend the Court as and when directed.

4) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m.