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Judgment
A.V. Chandrashekara, J.—Petitioners, who are accused Nos. 9, 10 & 11 in Crime No. 118/2014 on the file of International Airport police Station, have approached this Court seeking regular bail under Section 439 of Cr.P.C. They have been in judicial custody since 1.10.2014. The case is registered on the basis of the FIR lodged by accused No. 1 before the respondent-Police Station on 29.9.2014. After investigation, it was found that the first accused himself was involved in hatching a conspiracy with accused Nos. 2 to 6 to snatch the gold ingots, laptops and other valuables from the custody of accused Nos. 12 and 8 near International Airport at Bangalore.
The allegation against these petitioners-accused Nos. 9, 10 & 11 is that, they were going to Singapore to bring gold from Singapore in Plane by concealing the same in their respective bodies. Admittedly, these petitioners were not present when the alleged robbery took place near Airport in Tata Indica Car bearing registration No. KA-41-8132. The role of these petitioners, at the best, would be one for violating certain provisions of Economic Offences Act since gold was unauthorisedly brought from a foreign country to India without paying customs duty at the instance of accused No. 8. Any how, these petitioners have not been prosecuted any of such offences in the present case. Major portion of the investigation is already over.
Learned HCGP has vehemently opposed the bail application on the ground that these persons were involved in bringing gold unauthorisedly from Singapore to India at the instance of accused No. 8 and that if they let on bail, they are likely to commit similar offences.
The apprehension of the learned HCGP, who has opposed the bail application, could be suitably met with by-imposing proper conditions. Hence, the petition is to be allowed.
In this view of the matter, the petition is allowed and bail is granted to the petitioners, subject to the following conditions:-
(i) Petitioners shall be released on bail on their executing personal bonds for a sum of Rs. 2,00,000/- each with two sureties, for the likesum to the satisfaction of the learned Sessions Judge.
(ii) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses.
(iii) Petitioners-shall not hold out threats to the prosecution witnesses in any manner
(iv) Petitioners shall not involve himself in any criminal activities.
(v) Petitioners shall attend the respondent-Police Station once in a week on every Sunday between 9 a.m. and 5 p.m. without fail for a period of one year or till the disposal of the criminal case, whichever is earlier.
It is also made clear that the violation of any one of the conditions imposed on them would be viewed seriously and this would enable the prosecution to seek cancellation of the bail.