H. Billappa, J.—The petitioners have filed this petition under Section 438 of Cr.P.C. praying for grant of anticipatory bail. It is stated in the petition, the petitioners are innocent of the offences alleged against them and they have not committed any offence. The petitioners are ready to abide by all conditions that may be imposed. Therefore, the petitioners have prayed for grant of Anticipatory Bail.

2. It is alleged, the petitioners and their family members known to the complainant. Petitioner's marriage was performed by the complainant. A case is pending in regard to loan transaction of Rs. 25.00 lakhs. There was settlement talks on 25.7.2011 in presence of Ravi who is a common friend. On 21.8.2011, when talks were going on the first petitioner offered Pepsi to the complainant. The complainant consumed it and felt giddy and went to his house and vomited there. The complainant was shifted to hospital and regained consciousness on 23.8.2011. Thereafter, complaint has been lodged and a case in Crime No. 411/2011 of Vijayanagar Police Station. Bangalore, has been registered for the offence punishable under Section 328 of IPC.

3. The learned counsel for the petitioners contended that the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the case and the petitioners are ready to abide by all the conditions that may be imposed and, therefore, the petitioners can be granted anticipatory bail.

4. As against this, the learned High Court Government Pleader submitted that the petitioners are required for investigation and serious allegations have been made and, therefore, the petitioners cannot be granted anticipatory bail.

5. I have carefully considered the submissions made by the learned counsel for the parties.

6. The point that arise for consideration is;

Whether the petitioners can be granted anticipatory bail?

7. It is relevant to note, the allegations are the petitioners and their family members are known to the complainant. Petitioner's marriage was performed by the complainant. A case is pending in regard to loan transaction of Rs. 25.00 lakhs. There was settlement talks on 25.7.2011 in presence of Ravi who is a common friend. On 21.8.2011, when talks were going on the first petitioner offered Pepsi to the complainant. The complainant consumed it and felt giddy and went to his house and vomited there. The complainant was shifted to hospital and regained his consciousness on 23.8.2011 The petitioners and the complainant are known to each other. Case is pending regarding loan transaction. The petitioners are available for investigation. Therefore, the petitioners can be granted anticipatory bail subject to certain conditions. Accordingly the petition is allowed and the petitioners are granted anticipatory bail subject to the following conditions:

(i) In the event of their arrest in Crime No. 411/2011 of Vijayanagar Police Station. Bangalore the petitioners shall be released on bail on their executing a bond for a sum of Rs. 20,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer.

(ii) The petitioners shall appear before the investigating Officer within five days from today and shall co-operate with the I.O., for investigation as and when required.

(iii) The petitioners shall not tamper with the witnesses.

(iv) The first petitioner shall attend the Vijayanagar Police Station, Bangalore once in three weeks on a Sunday between 4.00 p.m. and 6.00 p.m. till final report is submitted.

(v) If the petitioners violate any condition, the respondent-State can move for cancellation of the bail.

Furnish operative portion of the order.