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Judgment
V Srishananda, J
Heard Sri N.B.Gadekar, learned counsel for the petitioner and Sri Channappa Erappa, learned High Court Government Pleader.
Successive bail request by petitioner/accused No.3 who is facing trial in S.C.No.35/2021 on the file of the VI Additional District and Sessions Judge, Tumakuru.
Earlier bail request of petitioner was rejected and later on, positive changed circumstance that has been brought before the Court by the counsel for petitioner is that accused Nos.1 and 2 have been granted bail by co-ordinate Bench of this Court and eye witness and circumstantial witnesses have turned hostile to the case of the prosecution.
The deposition of the eye witnesses and circumstantial witnesses who have been examined on behalf of prosecution is also appended to bail petition. So also, order passed by the co-ordinate Bench of this Court in Crl.P.No.9393/2023 dated 06.11.2023.
This Court, carefully perused the material on record including the order passed by the co-ordinate Bench of this Court, stated supra.
In respect of accused Nos.1 and 2 also, earlier bail request was rejected. Later on, bail was granted by the co-ordinate Bench of this Court on the ground that eye witness and the other material witnesses of prosecution have not supported the case of prosecution and as such, continuation of the petitioner in judicial custody is no longer warranted.
Petitioner/ accused No.3 also stands on the same footing as that of accused Nos.1 and 2 who have the benefit of grant of bail by the order of co-ordinate Bench of this Court.
Accordingly, without expressing much opinion on the other contentions urged on behalf of the parties including the grounds of objections, the following Order:
ORDER
(i) Petition is allowed.
(ii) Petitioner/accused No.3 shall be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court.
(iii) Petitioner shall furnish proof of correct residential address and shall inform the Investigating Officer/Court, if there is any change in the address, during the trial.
(iv) Petitioner shall not leave the jurisdiction of Tumakuru District, without prior permission of the Trial Court.
(v) Petitioner shall not directly or indirectly tamper the prosecution witnesses in any manner.
(vi) Petitioner shall mark attendance in the jurisdictional police station every Sunday between 10.00 am to 1.00 pm till completion of the trial.
(vii) Petitioner shall attend the Court regularly.
(viii) Petitioner shall not indulge in similar offences.
Violation of any one of the above condition would entitle the prosecution to seek for cancellation of bail.