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Judgment
Heard Sri.C.P.Puttaraj, learned counsel for petitioner and Sri.K.Nageshwarappa, learned HCGP for respondent.
The respondent-police registered a FIR in Crime No.51/2016 against three unknown persons in respect of the offence punishable under Section 394 of Indian Penal Code.
The allegation is that on the night of 03.02.2016 while the complainant was proceeding with his lorry on Bangalore-Tumkur Road -NH-4, the accused waylaid his vehicle and assaulted him with a Talwar, punched on his face extorted with his cash amount of Rs.51,000/- and fled away. During the course of investigation, petitioner is arraigned as accused No.3. It is seen from the records that this petitioner was arraigned as an accused in Crime No.65/2016 registered by Thyamagondlu police in respect of the offence under Sections 399, 402 of Indian Penal Code and was arrested on 20.06.2016 in the said case and was enlarged on bail on 19.07.2016. On the voluntary statement of arrested accused in the said case, the petitioner is arraigned as accused No.3 in the present case also. Admittedly while this petitioner was in custody in Crime No.65/2016 registered by Thyamagondlu police body warrant was sought in respect of accused Nos.1 and 2 only. It appears accused Nos.1 and 2 of this case were taken into police custody and interrogated. The outcome of their custodial interrogation is not placed on record before this court. Petitioner is said to be a student and is a young person of 20 years.
In the given circumstances, there is no impediment to allow the petition.
Petition is hereby allowed. Petitioner is granted anticipatory bail for a period of three weeks in Crime No.51/2016 registered by the respondent-police subject to following conditions:
(i) Within the above period, he shall surrender before the concerned court and move for regular bail. Until disposal of his regular bail petition, this order will be in force.
(ii) If he is arrested by the respondent-investigating officer within above period, he shall be released on bail on execution of a self bond for a sum of Rs.50,000/- with one surety for the likesum.