NAGAYYA S/0 SIDRA1 v. THE STATE

(BY SRI NANDKISHORE BOOB. ADVOCATE) AND: THE STATE THROUGH BRAHAMAPUR POLICE STATION GULBARGA. (BY SRI SUBHASH MALLAPUR, HCGP) RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON BIAL IN CRIME NO.87/2011 OF BRAHAMAPUR POLICE STATION, GULBARGA IN C.C. NO.3931/2011 PENDING ON THE FILE OF IV ADDL. JMFC COURT. GULBARGA, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 397 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This petition is by Accused No.3 in CC No.3931/2011 pending on the file of IV Addl. JMFC Gulbarga for the offence punishable under section 395 of IPC, seeking to grant him bail under section 439 of Cr.P.C.

Learned counsel for the petitioner submits that the respondent-police who registered a false case against petitioner and six others for the offence punishable under Section 395 IPC have completed the investigation and filed charge-sheet and now the case is pending on the file of IV Addl. JMFC Gulbarga. He submits as per the Chargesheet the stolen goods are shown to have been recovered from the custody of Al and A4 and A4 has been enlarged on bail by this Court in Cr1. Petition No. 16089/2011. He also submits F that A5 Ashok has also been enlarged on ball by this Court In Cr1. Petition No. 15821/2011. Therefore he submits the petitioner may also be granted bail.

ConsiderIng the facts that as per the chargesheet the alleged stolen goods are shown to have been recovered from the custody of Al and A4, and A4 and A5 have already been enlarged on bail by this Court In the aforesaid CrIminal petitions, there Is no reason to deny bail to the petitioner. Hence, I pass the following order:

CrIminal Petition Is allowed. 3- 4 Petitioner is ordered to be enlarged on bail in Crime No.87/2011 pending in CC No.3931/2011 on the file of IV Addi. JMFC Gulbarga on his executing a personal bond for a sum of 50,O0O/- with one surety for the likesum to the satisfaction of the committal Court. If the case is already committed then the same shall be done to the satisfaction of the trial Court with the following conditions: i) ii) iii) iv) The petitioner shall not tamper. terrorize or induce the prosecution witnesses in any manner. He shall appear before the trial Court on all the dates of hearing. leave the jurisdiction of the He shall not Court without the express permission of the trial Court. In the event of petitioner disobeying any of the Trial Court is at the above conditions, liberty to cancel the bail granted in favour of the petitioner. SdI 3UDGE Sbs*