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Judgment
Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
This petitioner was arrested by the respondent- police in their Cr.No.14/2017 along with co-accused. On completion of investigation, charge sheet is filed for the offences punishable under sections 120-B, 109, 341, 395, 397 of IPC and Sections 25 and 27 of the Arms Act, 1959 arraigning this petitioner as A-4.
The allegation of the prosecution is, with an intention to loot CW-1, A-1 to 4, A-6 to A-8 waylaid him at the wee hours 23.1.2017 and threatened him. This petitioner and A-1 incited A-2, A-3, A-6 to A-8 to extort cash amount and valuables from CW-1 under pistol point and knife point etc.
Learned counsel for the petitioner submits that this petitioner was arrested in relation to a case registered by the APMC Yard police station, Belagavi, in respect of the offence punishable under sections 399, 402, 120-B of IPC and section 25 of Arms Act, 1957. He was procured under body warrant in the present case. Much of the stolen property and also the weapons are seized from A-1 and A-
He was not identified by eye witnesses during Test Identification parade, though A-1 and A-2 were identified.
Learned Government Pleader opposes the petition.
Investigation since complete, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.14/2017 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court.
The sureties shall produce their original title deeds pertaining to the immovable properties and their identity/Aadhar card for perusal of the Court. They must not have previous history of offering surety to any accused in any other criminal case so far.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall mark his attendance before the respondent-Investigating Officer on every alternate Tuesday during office hours till conclusion of trial.
(iv) He shall not terrorize the prosecution witnesses.