Judgment:
1. The petitioner who has been arraigned as accused No.3 in Crime No.333/11 of Ulsoor Police Station, Bangalore is accused of having committed the offences punishable under Sections 408. 420, 465; 468, 469, 477(A) read with 34 IPC.
2. The petitioner was apprehended on 13.1.2012 and on the same day he was remanded to judicial custody. As the Investigating Officer did not file the final report within the statutory period of 60 days as required by proviso (ii) to sub-section (2) of Section 167 Cr.P.C. the petitioner fifed petition under Section 167(2) Cr.P.C. before jurisdictional Magistrate seeking to enlarge him on bail expressing his desire to furnish the bail and surety. However, the said application came to be rejected by the learned Magistrate mainly on the ground that the petitioner was out of custody on the basis of temporary bail granted by this Court in Crl.RNo.1100/12 from 14.3.2012 to 25.3.2012 and if that period is excluded, the total period of custody on the date of the filing of the application was only 42 days. Therefore, the learned Magistrate held that the petitioner is not entitled to the benefit of Section 167(2) Cr.P.C. Thereafter, the petitioner presented this petition on 30.3.2012. On the request of the learned State Public Prosecutor, the matter was ordered to be listed today so as to enable him to make submission as to whether the Investigating Officer has filed final report. Today one Mr.Girish. Police Sub-Inspector. Cubbon Park Police Station where the case is presently under investigation appeared before the court and submitted that till today final report is not vet filed. As on today, the period of 60 days from the date of the first remand of the petitioner has expired even after excluding the period of temporary bail. Therefore, the petitioner is entitled for bail under Section 167(2) Cr.P.C.
6. Accordingly, the petition is allowed. The petitioner is ordered to be enlarged on bail in connection with the case in Crime No.333/11 of Ulsoor Police Station, Bangalore, on his 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 petitioner shall not tamper or terrorise the prosecution witnesses in any manner;
ii) The petitioner shall appear on all hearing dates before the trial Court without fail and
iii) The petitioner, for the purpose of investigation, shall appear before the Investigating Officer whenever called upon to do so and shall co-operate in the investigation of the ease;