RAMESH Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that on 22-10-2010 (sic) at 7.00 hours the complainant received a call from his factory saying that generators were missing from the power house located at their main plant and a theft has been committed. The complainant went to his factory and noticed that generators were stolen and the dead body of the security guard was thrown in the backyard of the factory. On a complaint being lodged the case was registered against the petitioners and Ors. for offences punishable under Section 396 of the Indian Penal Code, 1860.

(2.) The learned Counsel appearing for the petitioners submits that the petitioners arraigned as accused 4 and 5 approached the Fast Track Court, Anekal by filing Criminal Misc. Petition No. 71 of 2010. The learned Sessions Judge, by the order dated 15-3-2010 rejected the petition. Hence, the present petition.

(3.) The learned Counsel appearing for the petitioners submits that no prima facie case has been made out against the petitioners and hence they are entitled for bail. He submits that they were in the residence when the said incident took place and they are innocent of the offences alleged against them. He places reliance on the order dated 7-4-2010 passed by this Court with regard to accused 3 in Cri. P. No. 1367 of 2010 and accused 2 with regard to Cri. P. No. 1217 of 2010, wherein they have been granted bail subject to certain conditions.