PRASANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for the respondent-State.

(2.) Heard the learned High Court Government Pleader.

(3.) The present petition is filed under Section 439 of Cr.P.C., for enlargement of the accused No.2, who is the petitioner herein, in Crime No.3/2020, registered before the Chikkanayakanahalli Police Station, Tumkur, for the offence punishable under Section 397 of IPC against this petitioner and four others. It is the case of the prosecution that a complaint was lodged on 13.01.2020, by one Mr. Kallesh, who is the permanent resident of Halugona Village and residing at garden land along with his family. The complainant's mother and father narrated about the whole incident that on 13.01.2020 at about 3.30 a.m., some of the dacoits entered into their house and assaulted parents of the complainant. It is the case of the complainant that when he came out of the house, some persons were running away, he chased the said persons, but they escaped and he could not apprehend them. The complainant states that on enquiry with his parents, the father of the complainant told him that some persons came near the house and knocked the door. When the father of the complainant opened the door, five persons who were aged 32-35 years covering their face with mask, armed with deadly weapons, entered into the house with an intention to commit dacoity and assaulted father, mother and sister. It is the case of the complainant that when he tried to chase them, said persons assaulted him on his left hand with the iron rod and escaped from the spot. Thus, he could not apprehend them. He came back home crying and shouting.