AI Structured Summary
Not yet generated for this judgment
Judgment
This petition under Section 438 Cr.P.C., is filed seeking Anticipatory Bail for offences punishable under Sections 143, 147, 148, 341, 427, 354, 504, 505(2), 506 read with Section 149 IPC in Crime No.12/2017 registered by Subramanya Police Station.
Heard Shri. P.P. Hegde, learned Counsel for the petitioners and Shri. K. Nageshwarappa, learned HCGP for the respondent-State.
Learned Counsel for the petitioners submits that a false case has been filed against the petitioners due to inimical relation between the petitioners and the complainant. Petitioner No.2 is the cousin of petitioner No.1 and a close member of the family. He further submits that marriage of petitioners'' sister is fixed on 5.3.2017 and accordingly prays for allowing this appeal.
Learned HCGP adverting to the complaint submits that the petition does not merit any consideration because the allegation is that the complainant was assaulted in the Police Station also and accordingly he opposes the grant of bail.
I have given my careful consideration to the submissions made by the learned Counsel for the petitioners and the learned HCGP; and perused the material papers.
Complaint is filed against unknown persons. The Invitation Card discloses that there is marriage in petitioners'' family on 5.3.2017.
In the circumstances, keeping in view the fact that the complaint is against unknown persons and offences are not punishable with death or life imprisonment.
In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioners in Crime No.12/2017 registered in Subramanya Police Station before the jurisdictional Police or Magistrate on or before 17.03.2017, they shall be released on bail upon their executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the like sum to the satisfaction of the investigating officer;
(ii) Petitioners shall co-operate with the Investigating Officer during the further course of investigation and appear as and when called upon;
(iii) Petitioners shall mark their attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;
(iv) Petitioners shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(v) Petitioners shall not involve themselves in any criminal activities; and
(vi) If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.