Lakshmana vs State

N. Ananda, J.—The petitioner is arrayed as accused no. 2 in Crime No. 356/2013 registered for offences punishable under Sections 506, 504, 380, 323, 354 r/w 34 IPC. Heard learned counsel for petitioner and learned Government Advocate for the State.

As per the first information, the petitioner is alleged to have committed theft in the house of first informant about one month prior to 14.06.2013. In that connection a panchayat was held and the petitioner agreed to return the stolen properties. On 13.06.2013, the petitioner is alleged to have assaulted and outraged the modesty of first informant. The first information was lodged on 14.06.2013.

There is inordinate delay in lodging the first information. A combined first information was registered in relation to theft which had taken place one month prior to 14.06.2013 and the incident that had taken place on 13.06.2013, wherein, the petitioner is alleged to have assaulted the first informant. The contents of first information do not prima-facie inspire confidence. If the petitioner is required for the purpose of investigation, he could be made available to the investigation officer by imposing suitable conditions. Therefore, I pass the following:

ORDER

The petition is accepted. If petitioner is arrested by the respondent police in Crime No. 356/2013 registered for offences punishable under Sections 506, 504, 380, 323, 354 r/w 34 IPC, he shall be released on bail, subject to following conditions:-

I The petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees Twenty five thousand only) and offer a surety for the like sum;

II The petitioner, for the purpose of investigation, shall appear before the Investigating Officer whenever called upon to do so;

III The petitioner shall not intimidate or tamper with prosecution witnesses;

IV The petitioner shall seek regular bail from the jurisdictional court within three months from today.