O R D E R
Heard the learned counsel for the petitioners and the learned Government Pleader.
2. Similar bail petition filed on behalf of these petitioners came to be dismissed on 20.1.2015 in Crl.P.No.8232/14 holding that it is premature to disbelieve the death note left by deceased Chethana whose marriage had been solemnized with Mahesha, Accused No.1. First petitioner-Shashikala is the elder sister of Mahesha and Ramakrishna is the husband of the first petitioner.
3. Learned Government Pleader has vehemently opposed the bail application on the ground that no separate
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grounds are made out to take out a different view from the one which was taken in Crl.P.8232/14.
4. Learned counsel Mr. Gnanesh H. Kempanna, has submitted a memo with medical documents of Ramakrishna-second petitioner herein which is issued by BGS Global Hospitals. Second petitioner had been admitted on 5.3.2015 and he underwent an operation on 6.3.2014 and was discharged on 10.3.2015. He has undergone a major surgery because of slip disc and the opinion of the doctor discloses that he cannot move about easily without the assistance of some body and he requires rest and follow up treatment.
5. Petitioner No.1 being the wife of second petitioner, has to look after him and take him to hospital for follow up treatment. Anticipatory bail is granted on medical grounds only. In view of this latest development, petitioners
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are entitled to be released on bail under Section 438 Cr.P.C. Hence, I pass the following:
O R D E R
Accordingly, the petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions:
(1) Petitioners shall be released on anticipatory bail in the event of their arrest in Crime No.373/14 of Nazarabad Police Station, Mysore City, on executing a personal bond for a sum of Rs.75,000/- each with one surety for the likesum to the satisfaction of the concerned I.O;
(2) Petitioners shall surrender before the Investigating Officer on or before 25/5/2015, without fail to execute the bond;
(3) Petitioners shall co-operate with the I.O. in conducting further investigation, if any;
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(4) Petitioners shall not hold out threats to the prosecution witnesses or attempt to tamper them, in any manner; and
(5) Petitioners shall not involve in any criminal activities and shall not misuse the anticipatory bail granted by this Court in any way.
Sd/-
JUDGE
*alb/-.
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