1. Petitioner, arraigned as accused No.4 in the charge sheet filed by Paresandra Police in their station Crime No.214/2022 has preferred this petition praying to enlarge him on bail.

2. Heard both sides and perused the material on record.

3. Petitioner came to be arrested on 13.11.2022 in connection with an incident of dacoity which took place on 09.11.2022 at about 08:00 p.m. It is alleged that all the accused hatched a plan to commit dacoity in the house of complainant and accused Nos.1, 2, 3 and 5 entered the house, where as the petitioner / accused No.4 was waiting outside in a car. The accused persons entered the house holding knife, pistol and robbed cash and gold ornaments and also opened fire and caused injuries to complainant's husband and son.

4. Charge sheet is filed against accused Nos.1 to 8 for the offences under Section 307, 395, 397 of IPC and Section 25(1A) and 25(IBA) of the Arms Act, 1959.

5. Petitioner's bail petition was rejected by this Court in Crl.P.No.3974/2023 vide order dated 06.07.2023. His Subsequent petition i.e, Crl.P.No.1666/2024 was dismissed as withdrawn vide order dated 20.03.2024, reserving liberty to him to move the Sessions Court after the examination of material witnesses. Subsequent to which, after the examination of material witnesses, petitioner moved the Sessions court for bail, however, it was dismissed by the learned Sessions Judge on 08.07.2024.

6. It is submitted that the material witnesses namely CWs.1 to 4 are examined as PWs.1 to 4. Further, accused Nos.1, 5, 7 and 8 are already enlarged on bail. Hence, on these grounds, petitioner is seeking to enlarge him on bail.

7. Learned High Court Government Pleader has opposed the petition contending that the petitioner is a habitual offender involved in two more cases and he is a resident of State of Andhrapradesh and therefore, if he is released on bail, he may not be available for trial.

8. It is also contended by the learned High Court Government Pleader that cash of Rs.2,22,000/- has been recovered from the petitioner and in view of the serious nature of crime committed by him, along with other accused persons, he is not entitled for bail.

9. The Trial is pending in S.C.No.30/2023 on the file of the Court of I Additional District and Sessions Judge, Chikkaballlapura. Petitioner is in judicial custody since 13.11.2022. It is not in dispute that accused Nos.1, 5, 7 and 8 are granted bail. It is also not in dispute that in two criminal cases in which the petitioner is alleged to have been involved, he has been granted bail. The material witnesses are already examined. Hence, tampering those witnesses does not arise. Petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the Trial Court and also undertaken to comply with all the conditions. Hence, without expressing any view on the merits of the case, by imposing suitable conditions, petitioner can be enlarged on bail. Accordingly, the following:

ORDER

i) Petition is allowed.

ii) Petitioner / accused No.4 in Crime No.214/2022 registered by Paresandra Police Station, Chikkaballapura in S.C.No.30/2023 pending on the file of the Court of I Additional District and Sessions Judge, Chikkaballapura, shall be released on bail subject to following conditions:

a) He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties out of which one shall be a local surety for the likesum to the satisfaction of the Trial Court.

b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.

d) He shall not tamper with the prosecution witnesses either directly or indirectly.

e) He shall appear before the trial Court on all dates of hearing without fail.

f) He shall not involve in criminal activities.