Judgment:
1. The petitioners 1 to 6 who have been arrayed as accused Nos.2 to 7 in Crime No. 17/2012 of Devaraja Police Station, Mysore City, registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code, have sought for an order to enlarge them on ball.
2. According to the case of the prosecution, at about 02:45 p.m. on 01.02.2012, when the Police Sub-Inspector of Devaraja Police Station was on patrolling duty within the jurisdiction of the Police Station, received credible information that 6 to 7 persons holding weapons were planning to commit some offence. Immediately, the Police Sub-Inspector secured the presence of Panchas apprised them about the information and along with those Panchas and staff went near Eastern Gate of Town Hall in Mysore City. There the Police Sub-Inspector saw these persons along with another accused armed with weapons like longs, clubs iron rods etc., and on seeing the Police party, those persons tried to run away. However, they were surrounded and caught hold by the Police party and on interrogation, they disclosed their names and identity and they were also found possessing clubs, iron rods, cycle chain etc. On further enquiry, they said to have disclosed that they were holding dangerous weapons to threat the persons who proceeded towards the bus stand and then to rob them of their money, mobile handset etc. Therefore, the Police Sub-Inspector arrested all those persons, seized the weapons and brought them to the Police Station and on the suo-moto report, registered the case and took up investigation. It appears that after completing investigation, the Investigating Officer has laid the charge sheet for the aforesaid offences. When the petitioners were produced before the learned Magistrate they were remanded to the Judicial Custody. Their application filed before the learned Sessions Judge for grant of bail came to be rejected. Therefore, they are before this Court.
3. The petition is opposed by the respondent - State.
4. I have heard both sides. Perused the records made available.
5. Having regard to the facts and circumstances of the case and the nature of offence and also the punishment prescribed for the same, I am of the considered opinion that the petitioners are entitled to be enlarged on bail. As noticed supra, the petitioners have not accomplished any act and they said to have planned to commit some offence. Therefore, the petitioners are entitled to be enlarged on bail.
6. Hence, the petition is allowed. The petitioners are ordered to be enlarged on bail in connection with the case in Crime No. 17/2012 of Devaraja Police Station. Mysore City. on each of them executing personal bond for a sum of Rs.25.000/- with two sureties for the like sum to the satisfaction of the Jurisdictional Magistrate/Sessions Judge and subject to further conditions that,
i) The petitioners shall not intimidate or tamper with the prosecution witnesses in any manner;
ii) The petitioners for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case;
iii) The petitioners shall not indulge m any acts similar to the one alleged in the case;
iv) The petitioners shall appear on all hearing dates before the Court without fail;
v) The petitioners shall mark their attendance in Devaraja Police Station, Mysore City, on every 10lh and 25th of each calendar month between 10:00 a.m. and 05:00 p.m. till the disposal of the case.