UMESHA NAMANTAPPA KHANDOJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C ', for short) seeking bail in Crime No.36/2020 of Kittur Police Station registered for the offences punishable under Sections 395 , 504 and 506 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for short).

(2.) The case of the prosecution is that on 11.03.2020 at about 9.30 pm, the informant Shri.Balesh Channappa Sunagar of M.K. Hubballi, went for nature call/toiled near Indian Petrol Bunk near Prerana School in M.K. Hubballi and while returning home by walk, at about 9.45 pm, two persons came on a motorcycle and stopped near him and asked him to provide the can to bring petrol to their motorcycle and he told them that he do not have any can and that the petrol bunk is situated nearby. Immediately one person threw chilli powder to his eyes and when he closed his eyes, another person held his shirt and threatened him and thereafter snatched the mobile kept in the shirt pocket and both of them left the place and went towards Itagi cross. After hearing his hue and cry, a person from his village came there and he narrated about the incident to him and gave details about the motorcycle bearing registration No.KA-25 EX 3325.

(3.) On registering the complaint, the police conducted investigation. Accused 1 and 2 were arrested on 20.03.2020. The bail petition filed before the Sessions Court is rejected. The petitioners-accused Nos.1 and 2 are in judicial custody till this day.