MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail.

(2.) The petitioner is the accused in C.C. No.3353/2018 on the file of the II Additional Chief Judicial Magistrate, Bengaluru, wherein he is arraigned as accused No.7 for the offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 (for short, 'the I.P.C .').

(3.) The case of the prosecution is that, the Sub- Inspector of Police of Thalaghattapura Police Station registered a suo-moto case against seven persons on 30-11-2015. It is alleged that the petitioner and other accused gathered in a lonely place with deadly weapons and prepared for committing dacoity. Immediately, the complainant along with his staff apprehended accused Nos.1 to 4 on the spot, recovered vehicles, weapons, chilli powder packet, etc. and registered a case in Crime No.486/2015. Subsequently, they have been released on bail by the Sessions Court. It is alleged that this petitioner being accused No.7 was remained absent and absconded. Therefore, a split-up charge-sheet was ordered to be filed. Accordingly, the original case has been committed to the Sessions Court and numbered as S.C. No.161/2018. Subsequently, the petitioner was arrested and he is in judicial custody. The bail petition came to be rejected by both Committal and Sessions Court. Hence, this petition.