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Judgment
V Srishananda, J
Heard Sri Anilkumar H.S., appearing on behalf of Sri Parameswarappa C., learned counsel for the petitioner and Sri B. Lakshmana, learned High Court Government Pleader for the respondent/State.
Petition is filed under Section 439 Cr.P.C., with the following prayer:
“Wherefore, the petitioner most respectfully pray that this Hon’ble court may kindly be pleased to enlarge him on bail in Crime No.129/2021 of Nagamangala Rural Police Station, for the offences punishable under Section 302, 201, 120(B), r/w Section 34 of the Indian Penal code, 1860 pending on the file of the I Additional District and Sessions Judge at Mandya in S.C.No.142/2021, in the ends of justice.”
It is a successive bail application of the petitioner. Petitioner has been charge sheeted for the offences punishable under Sections 302, 201, 120-B r/w Section 34 IPC.
It is submitted at the Bar that none of the material witnesses of the prosecution have supported the case of the prosecution and despite treating them as hostile witnesses and cross-examined by the prosecution, no useful material is elicited in such cross-examination so as to improve the case of the prosecution to any extent, much less beyond reasonable doubt. Under such circumstances, continuation of the accused in Judicial Custody is no longer warranted. The other apprehension of the prosecution can be met with by imposing suitable and stringent conditions.
Taking note of the fact that the accused/petitioner is in Judicial custody on and from 05.06.2021, this Court is of the considered opinion that the bail application is to be allowed.
Accordingly, following order is passed:
ORDER
(1) The criminal petition is allowed.
(2) The Petitioner shall be enlarged on bail in Crime No.129/2021 of Nagamangala Rural Police Station, on executing a personal bond in a sum of Rs.2,00,000/- [Rupees Two lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge.
(3) The petitioner shall not directly or indirectly tamper the remaining prosecution evidence or hamper the investigation process in any manner.
(4) Petitioner shall not leave the jurisdiction of Mandya District without prior permission.
(5) Petitioner shall attend the court regularly.
(6) The petitioner shall not indulge in similar offences.
Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail.