SHESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 in S.C.No.156/2018 arising out of Crime No.430/2015 of Madanayakana Halli Police Station for the offence punishable under Section 397 of IPC. Initially the FIR was recorded by the police in the aforesaid crime number for the offence punishable under Sections 504 , 324 , 327 r/w 34 of IPC. The accused was secured on execution of warrant in S.C.No.156/2018 wherein the accused did not follow the conditions stipulated in the bail order passed in earlier bail petition filed by this accused. However, he is judicial custody since from the date of his arrest in S.C.No.156/2018. Therefore, the counsel for the petitioner is seeking for enlarging the petitioner on regular bail among the various grounds urged in this petition.

(2.) Heard learned counsel for the petitioner and learned HCGP for the respondent - State. Perused the materials available on record inclusive of FIR recorded by the police in Crime No.430/2015.

(3.) It is stated in the complaint that on 10.09.2015 at about 5.00 p.m., the complainant namely Smt.Latha, was living with her family at Shanthinagara, Gangondanahalli, Lakshmipura Post, Dasanapura Hobli, Bangalore North Taluk. She went to lodge a written complaint alleging that on 08.09.2015 at about 4.15 p.m., the petitioner and others started talking with her near house and they had come in Hyundai car No.KA-05-MS-1972 and in the pretext of asking for some address with an intention to commit dacoity while talking, accused No.2 assaulted complainant on the head with a machete, accused No.3 snatched Mangalya chain containing black beads from her neck along with gold Mangalya worth Rs.6,000/- and all of them went away in the car. In pursuance of the complaint filed by the complainant, the police recorded FIR in Crime No.430/2015 and thereafter proceeded for investigation. Subsequent to thorough investigation by the IO, charge sheet was laid against the accused invoking Section 397 of IPC. This submission is made by learned counsel for the petitioner relating to seeking regular bail to this accused who he is in judicial custody since from the date of his arrest on execution of warrant in S.C.No.156/2018.