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

regular bail of petitioners/accused Nos.3 to 5 in Crime

No.179/2021 of Kallambella Police Station, Tumakuru District,

for the offences punishable under Sections 399 and 402 of IPC.

2.

Heard the learned counsel appearing for the

petitioners and the learned High Court Government Pleader

appearing for the respondent/State.

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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 7

persons in a goods auto armed with deadly weapons were

planning to attack the road users near Kadavegere gate on

Mysuru 3 Sira and on that information went to spot along with

staff on a motor bike and at that time out of 7 accused persons 4

accused persons stopped those two police personnel threatened

them and asked them money and valuables and started galata

and 4 accused persons were held at the spot and other 3

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, the police have registered

a complaint for the offences punishable under Sections 399 and

402 of IPC.

4.

The learned counsel appearing for the petitioners

would submit that a false case has been registered and only

allegation is that they are making preparation to commit dacoit

and planted the deadly weapons. There are no any criminal

antecedents against these petitioners and these petitioners are

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in custody from 22.11.2021 and they are ready to obey the

conditions that may be imposed by this Hon9ble Court.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent/State would submit that

these petitioners were apprehended with deadly weapons and

they were making preparations to commit dacoit and recovered

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

petitioners.

6.

Having heard the respective counsel and on perusal

of the material available on record and only on a credible

information they went and found these petitioners and an

allegation against these petitioners is that they are making

preparations to commit the offence and seized the deadly

weapons viz., wooden club and iron pipe.

7.

The

learned

High

Court

Government

Pleader

appearing for the State would submit that no other criminal

antecedents against these petitioners. However, there are cases

against accused Nos.1 and 2. The present petitioners are

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accused Nos.3 to 5 and no criminal antecedents against these

petitioners and they are in the custody from the last two

months. Hence, it is a fit case to exercise the powers under

Section 439 of Cr.P.C., subject to imposing certain conditions to

protect and safeguard the interest of the prosecution. Hence, I

pass the following:-

ORDER

The

Petition

is

allowed.

Consequently,

the

petitioners/accused Nos.3 to 5 shall be released on bail in Crime

No.179/2021 of Kallambella Police Station, Tumakuru District,

for the offences punishable under Sections 399 and 402 of IPC,

subject to the following conditions:

(i)

The petitioners/accused Nos.3 to 5 shall

execute

personal

bond

for

a

sum

of

Rs.2,00,000/- (Rupees Two Lakhs only) with

two sureties each for the like-sum to the

satisfaction of the jurisdictional Court.

(ii)

The petitioners/accused Nos.3 to 5 shall not

indulge

in

tampering

the

prosecution

witnesses.

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(iii) The petitioners/accused Nos.3 to 5 shall appear

before the jurisdictional Court on all the future

hearing dates, unless exempted by the Court

for any genuine cause.

(iv)

The petitioners/accused Nos.3 to 5 shall not

leave the jurisdiction of the Trial Court without

prior permission of the Court, till the case

registered against them is disposed of.

Sd/-

JUDGE

cp*