This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner in Crime No.432/2021 of

Rajagopalnagar Police Station, Bengaluru for the offences

punishable under Sections 399, 402 of IPC and Section 25-

1B(b)(4) of Arms Act.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case is that on 18.11.2021,

the police have received the credible information that some

unknown persons are making preparation to commit dacoity

having deadly weapon like long, iron machete, wooden stick and

chilly powder. Based on the said information, the police visited

the spot and apprehended this petitioner along with other

accused persons and registered the case for the aforesaid

offences and the matter is under investigation.

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4.

The learned counsel appearing for the petitioner

would submit that there are no any criminal antecedents against

this petitioner and this petitioner is in custody from 18.11.2021

though there is an allegation against this petitioner that this

petitioner along with other accused persons were making

preparation to commit dacoity armed with deadly weapons, no

such activity was committed and hence, he may be enlarged on

bail.

5.

The

learned

High

Court

Government

Pleader

appearing for the respondent-State would submit that even

though there is no criminal antecedents against this petitioner

but he was possessed with deadly weapons and this petitioner

along with other accused persons were making preparation to

commit dacoity and prayed to dismiss the petition.

6.

Having heard the respective counsel and also on

perusal of the material on record, it is clear that the petitioner

was apprehended on 18.11.2021 and one long was recovered at

the instance of this petitioner but the said weapon was not used

to commit the alleged offence and the only allegation against

this petitioner that this petitioner along with other accused

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persons were making preparation to commit dacoity. Hence, it

is a fit case to exercise the discretion in favour of the petitioner.

7.

In view of the discussions made above, I pass the

following:

ORDER

The

petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in connection

with Crime No.432/2021 of Rajagopalnagar Police Station,

Bengaluru for the offences punishable under Sections 399, 402

of IPC and Section 25-1B(b)(4) of Arms Act, subject to the

following conditions:

(i)

The petitioner shall execute his personal bond

for a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii)

The petitioner shall not indulge in tampering

the prosecution witnesses.

(iii)

The

petitioner

shall

appear

before

the

jurisdictional Court on all the future hearing

dates, unless exempted by the Court for any

genuine cause.

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(iv)

The petitioner shall not leave the jurisdiction of

the Trial Court without prior permission of the

Court till the case registered against him is

disposed of.

Sd/-

JUDGE

SN