VINAYAKA Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Government Pleader, and perused the records.

(2.) The petitioner presently stands trial for offences punishable under Sections 399 and 402 of Indian Penal Code in S.C.No.2032/2018 on the file of the LVI Additional City Civil and Sessions Judge, Bangalore. The petitioner's application for bail under section 439 of the Criminal Procedure Code,1973 in Crl.Misc.9018/2019 is rejected by the learned Sessions Court by its order dated 29.10.2019. Hence, the petitioner is before this court.

(3.) The prosecution's case is that the petitioner and four other accused had assembled at Sumanahalli Ring Road, within the jurisdiction of Kamakshipalya Police Station with intention to commit dacoity. The Police Sub-Inspector, Organised Crime Wing, CCB, Bangalore was informed that the accused and the others had assembled at the aforesaid place to commit the offence of dacoity. The aforesaid Police Sub-Inspector rushed to the place with his team and he was able to apprehend three while the three managed to escape. The petitioner is one of the three who escaped and he has been identified based on the statements made by the three arrested. The charge sheet is being filed against the petitioner and the five others. The case is committed to the Sessions Court for trial, and is registered in SC No.1643/2017. After the committal, the other accused have appeared but not the petitioner. Therefore, the Sessions Court vide its order dated 3.8.2019 ordered for splitting up of the case and issued Non-bailable Warrant against the petitioner. As such, the trial against the petitioner is pending in SC No.2032/2018 and as against the other accused in the Original SC No.1643/2017. The petitioner is arrested and produced before the Sessions Court on 3.8.2019.