VASANTHA KUMAR .V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by accused Nos.2 and 3 in S.C.No. 5017/2017 arising out of Crime No.383/2016 for the offence punishable under Section 395 of IPC.

(2.) The accused are in judicial custody since execution of non-bailable warrants against these accused. The petitioners being arrayed as accused Nos. 2 and 3 have jumped bail and violated the conditions stipulated in the bail order passed by the concerned Court relating to the aforesaid case. Therefore, this petition is filed seeking for regular bail urging various grounds.

(3.) It is alleged in the complaint that, on 30.06.2016, the complainant as usually picked the CNX Company employees in his Tata Indica car bearing registration No.KA-53-B-7424 along with Security by name Jayanth Panda and dropped at Green City Layout,Yelemangala, Bangalore and while returning, near Shikaripalya, IHMR educational institution, at that time unknown persons stopped the complainant's vehicle and took the complainant and Security Guard Jayanth Panda to eucalyptus grove and assaulted them and nabbed the complainant's two Karbon phones, one gold finger ring and Rs.3,000/- cash and nabbed Jayanth Panda's Samsung Mobile along with Rs.1,500/- cash and also Axis Bank ATM card, PAN card and Voter ID card forcibly. Thereafter, on the same way one Mr. Arun came and the unknown persons took him and nabbed his mobile and assaulted with wooden stick and thereafter, they threatened all the three persons. It is narrated in the complaint that the persons being the accused took the complainant's vehicle and rode for 5 to 6 kms. and assaulted all the members by putting knife and at about 5.00 a.m. in the wee hours, they took the complainant's car and their vehicle and they ran away from the spot. On filing of the complaint, case came to be registered by the Police against the unknown persons who are arraigned as accused Nos. 2 and 3. Thereafter, the I.O. has taken up the case for investigation and laid charge sheet against the accused in S.C.No.5017/2017 and produced the accused before the Court of Additional Civil Judge and JMFC, Anekal. Subsequently, they have been remanded to judicial custody. In the meanwhile, the case was committed before the Court of III Additional District and Sessions Judge, Anekal, Bangalore Rural. Since the execution of non-bailable warrant, these accused are in judicial custody.