WASEEM S/O FIYAZ, MUDASEER PASHA S/O NAYAZ PASHA, AYUB KHAN S/O USMAN KHAN AND SALEEM S/O SHAMEEM Vs. STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THESE three petitions are by accused in 201/2009 facing charge for the offences punishable under Section 397 of IPC. Petitioners in Cr.P. No. 1281/2010 are accused Nos. 1, 4, 5 and 7; petitioners in Crl. P. No. 1333/2007 is accused No. 3 and petitioner in Crl. P. No. 1271/2010 is accused No. 6.

(2.) PETITIONERS in Cr.P. No. 1281/2010 are not yet arrested. Petitioner in Crl. P. No. 1271/2010 and petitioner in Crl. P. No. 1333/2010 are in judicial custody.

(3.) THE prosecution case is that petitioners on 17.8.2009 assaulted the driver of goods vehicle KA 11/7031 and looted Rs. 5,35,293/ - in cash, two mobile sets and injured the driver. In this regard, complaint was submitted by one Niranjan in which he alleged that he is dealing in Sunpure cooking oil, which he had sold. Delivery of the oil was done through his goods vehicle KA 11/7031 and after collecting cash the driver and his agent were returning. At 1.00 P.M. on 17.8.2009 the vehicle stopped near the house of Shivananjaiah. While the driver was attempting to fill air in the tyre petitioners are alleged to have reached the spot and holding threat in knife robbed cash and two mobile sets and then they decamped with the loot soon after it, a Tata Sumo came to the spot. In this regard, investigation was taken up. But there was no breakthrough in the case till Cr. No. 365/2009 came to be registered. In that case, petitioners were arrested and allegedly made a disclosure statement about the alleged dacoity on 17.8.2009 registered in Cr. No. 201/2009.