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

regular bail of petitioner in Crime No.179/2021 of Kallambella

Police Station, Tumakuru District, for the offence punishable

under Sections 399 and 402 of IPC.

2.

Heard the learned counsel appearing 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 22.11.2021,

a credible information was received at about 12:45 a.m., that

seven persons in a goods auto armed with deadly weapons were

planning to attack the road users near Kadavegere gate on

Mysuru – Sira and on that information went to spot along with

staff on a motor bike and at that time, out of seven accused

persons, four accused persons stopped those two police

personnel, threatened them and asked them money and

valuables and started galata and four accused persons were held

at the spot and other three accused persons escaped from the

spot. Deadly weapons viz., iron rods, wooden club, long pipe,

knife and chilly powder are also seized. Based on the complaint,

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the police have registered a complaint for the offence punishable

under Sections 399 and 402 of IPC.

4.

The learned counsel appearing for the petitioner

would submit that a false case has been registered and only

allegation is that the petitioner was making preparation to

commit dacoity and planted the deadly weapons and the

petitioner is in custody from 22.11.2021 and he is ready to obey

the conditions that may be imposed by this Hon’ble Court.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit that

this petitioner was apprehended with deadly weapons and he

was making preparations to commit dacoity and recovered the

weapons viz., wooden club and iron pipe from the petitioner.

6.

Having heard the respective counsel and also on

perusal of the material available on record, on a credible

information they went and found the petitioner and other

accused persons and the allegation against this petitioner is that

he was making preparation to commit the offence and seized the

deadly weapons viz., wooden club and iron pipe.

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7.

The

learned

High

Court

Government

Pleader

appearing for the respondent-State would submit that against

this petitioner two other cases are registered and they are

pending. Having taken note of the fact that the allegation is that

the petitioner was making preparation to commit the offence and

merely because the cases are registered against this petitioner,

the same cannot be a ground to reject the bail petition since the

allegation is that they were making preparations and not

committed any offence and in those cases, this petitioner has

not been convicted. This Court, vide order dated 04.01.2022

passed in Crl.P.No.9832/2021 has already enlarged accused

Nos.3 to 5 on bail and this Court while exercising the powers

under Section 439 of Cr.P.C. can impose certain conditions to

protect and safeguard the interest of the prosecution. The

prosecution is given liberty to seek for cancellation of bail in case

the petitioner commits similar offence in future.

8.

In view of the discussions made above, I pass the

following:

ORDER

The petition is allowed. Consequently, the petitioner shall

be released on bail in connection with Crime No.179/2021 of

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Kallambella Police Station, Tumakuru District, for the offence

punishable under Sections 399 and 402 of IPC, 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.

(iv)

The petitioner shall not leave the jurisdiction of

the Trial Court without prior permissio