Judgment:
1) Apprehending his arrest by Pension Mohalla Police of Hassan District, in connection with case in Crime No. 141/2008 registered for the offence under Section 379 of IPC, the petitioner has presented this petition under Section 438 of CP C seeking relief of anticipatory bail.
2) According to the prosecution, on the basis of the complaint lodged by one Thammegowda. son of Puttegowda. resident of Dyavappanakoppalu, Hassan District, at about 2.30 am on 25.01.2008, the aforesaid case came to be registered and investigation was taken -
3) It was alleged in the complaint that four Buffaloes and one cow belonging to the complaint and two cows belonging to his neighbourer, which had been tethered in front of their houses in the village have been stolen by some miscreants during the intervening night of 24/25.10.2008. The case was registered against, un-known persons.
4) The petition is opposed by the Respondent- State.
5) I have heard the learned counsel appearing on both sides and perused the records made available.
6) According to the prosecution, during the intervening night of 24/25.10.2008 while the Police Sub-Inspector, Town Police, was on patrolling duty, he noticed a mini lorry loaded with cattle and immediately, he followed the said lorry by chasing the same since the driver did not stop the same. Ultimately, when he got the said lorry stopped, the driver and other inmates of the lorry got down from the vehicle and escaped into the dark. On verification, the said lorry was found transporting four buffaloes and two cows, while one cow had died on account of fall from the vehicle. Thereafter, the cattle and lorry were seized and later the buffaloes and cows were identified by the complaint.
7) During investigation, on 06,11.2008, Accused Nos. 1 & 2 were apprehended on suspicion and on interrogation they said to have confessed their complicity in the commission of the offence involved in the case and also they said to have disclosed the complicity of this petitioner in the commission of the offence. On the basis of the said voluntary disclosure of Accused Nos. 1 & 2, this petitioner was arraigned as Accused No.5. After completing investigation, the Investigating Officer has filed charge sheet in C.C. No. 170/2009 by showing this petitioner as an accused.
8) After coming to know of the same, the petitioner approached the learned Sessions Judge for grant of anticipatory bail. However, the said petition came to be rejected, therefore, the petitioner is before this Court.
9) As noticed above, the alleged voluntary statement said to have been made by Accused Nos. 1 & 2 is the only basis for arraigning this petitioner as an accused. Except this alleged voluntary statement of Accused Nos. 1 & 2, there are no other materials to prima facie indicate the complicity of this petitioner in the commission of the offence. In view of the fact the petitioner has been arraigned as an accused in the charge sheet filed by the respondent-police, the apprehension of the petitioner that he is likely to be arrested in connection with aforesaid ease, is well-founded.
10) Having regard to the facts and circumstances of the case and the materials available on record, at this stage, there are no reasonable grounds to believe that the petitioner is guilty of the offence alleged. Therefore, the petitioner is entitled to the relief of anticipatory bail.
11) In the result the petition is allowed. The Respondent-Police are hereby directed to release the petitioner on bail in the event of his arrest, in connection with C.C. No. 170/2008 (Crime No. 14 1/2009 ) on the file of the II Additional Civil Judge (Jr. Dn.) and JMFC.
Hassan, on his executing personal bond for a sum of 25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like-sum to the satisfaction of the respondent-police, and subject to further condition that within 15 days from the date of such arrest and release, as stated above, the petitioner shall appear before the Jurisdictional Magistrate and upon such appearance, the petitioner shall be released on bail on the conditions contained herein,
i) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner;
ii) The petitioner shall appear before the trial Court on all the dates of hearing without fail;
iii) The petitioner shall not indulge in any acts similar to the one alleged against him;