Judgment:
1. The petitioner herein who has been arrayed as accused No.1 in Crime No. 403/2008 of Sagar Rural Police Station registered for the offences punishable under Sections 448, 307 r/w 34 IPC has presented this petition seeking relief of anticipatory bail.
2. According to the case of the prosecution, at about 4.00 a.m. on 24.12.2008, two unknown persons gained entry into the shop cum residence of the complainant Tippeswamy resident of Lingadahalli village in Sagar Taluk and assaulted him as well as his wife with chopper causing them severe injuries. In respect of this incident, said Tippeswamy lodged a report in the early hours of 24.12.2008 based on which, case came to be registered initially for the offences punishable under Sections 448 and 326 r/w 34 IPC against unknown persons and the Investigating Officer took up investigation. During investigation, the person arrayed as accused No.2 was arrested on suspicion and on his voluntary statement, the complicity of this petitioner was stated to have been revealed. Therefore, he was arrayed as accused No.1. After completing investigation, the Investigating Officer filed charge sheet in C.C.No.609/11 on the file of the Additional Civil Judge and JMFC, Sagar for the offences punishable under Sections 448 and 307 r/w 34 IPC showing this petitioner as absconding. On coming to know of filing of the charge sheet showing him as absconding, the petitioner presented a petition under Section 438 Cr.P.C. before the learned SitnMe Judge seeking the relief of anticipatory bail. The said petition came to be rejected. Therefore, the petitioner is before this Court.
3. The petition is opposed by the respondent - State.
4. I have heard both sides. Perused the records made available.
5. As noticed supra, initially the case was registered against two unknown persons for the offences punishable under Sections 448 and 326 r/w 34 IPC. As could be seen from the allegations made in the complaint, the assailants had covered their faces with monkey caps and they were strangers to the complainant. The complainant was not able to identify the assailants. The complicity of this petitioner, even according to the prosecution, was revealed by accused No.2. It is stated that accused No.2 has been enlarged on bail. Having regard to the fact that the petitioner has been arrayed as accused No. 1 in the case registered for non-bailable offences, his apprehension that he is likely to be arrested is well founded.
6. Having regard to the facts and circumstances of the case, at this stage, I am of the opinion that the petitioner is entitled to the relief of anticipatory bail subject to conditions.
7. In the result, the petition is allowed. The respondent - Sagar Rural Police are directed to release the petitioner herein on bail, in the event of his arrest in connection with Crime No. 403/2008 (C.C.No.609/09 on the file of Additional Civil Judge & JMFC, Sagar) on his executing a personal bond for a sum of Rs.25.000/- with one surety for the like-sum to the satisfaction of the Investigating Officer and also subject to the following conditions:
i) On such arrest and release, the petitioner shall appear before the trial Court on all hearing dates without fail:
ii) The petitioner shall not indulge in any acts similar to the one alleged in the case and
iii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner.