ARJUN VIJAY KAMBLE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure, 1973 in Crime No.221/2017 of Brahmapur Police Station, registered for the offences punishable under sections 399 and 402 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC ').

(2.) The complainant in the case is the Police Inspector of the respondent - Police station. The summary of his complaint registered in the respondent police station on 09.08.2017 at 5.30 a.m. is that on the very same day when the complainant along with his staff was on patrolling duty at about 2.45 a.m., he received a credible information that a group of persons have gathered near city bus stand, near platform there, preparing for committing dacoity. Immediately, the complainant secured two panchas and joined by them along with his staff, proceeded to the spot and hiding at a distance kept a watch on the alleged group, which could not notice them. By their activities he suspected and joined by his team attempted to catch them, in which process, he was able to apprehend three persons on the spot and from them ascertained the details of other two accused who had ran away from the place. Among those two persons who had ran away, was the present petitioner also.

(3.) According to the complainant, when the persons who are apprehended on the spot were physically searched, he noticed in their possession an iron rod, masks to cover their face, knife and chilly powder, by which he confirmed that they were making preparation to commit dacoity. As such, along with the apprehended accused he returned to the station and lodged a complaint which was registered in respondent station Crime No.221/2017 against the five accused for the offences punishable under sections 399 and 402 of IPC. After conducting the investigation, the Investigating Officer filed charge sheet against the accused for the alleged offences.