KRISHNA MURTHY @ KITTY, S/O LATE MUNIRAJAPPA Vs. STATE OF KARNATAKA, BY HOSAKOTE POLICE, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) THIS Petitioner has been arraigned as accused No. 4 in S.C. No. 75/11 on the file of Fast Track Court -IV, Bangalore Rural District, registered for the offence punishable under Section 395 of IPC.

(2.) THE case of the prosecution in brief, is as under: On 30.04.2010 at about 4.00 a.m., the complainant and his friend one Nagabhushan were proceeding towards their native village near Budigere Cross on a motorcycle. CW1 was riding the motorcycle and CW2 was sitting as pillion rider. At that time, three persons coming on a motorcycle from behind called out CW1. Therefore, CW1 stopped the motor cycle. At that time the rider of the motor cycle, which was coming behind slopped in front of the motor cycle of CW1 and demanded CWs.1 and 2 to give away whatever valuables they have and threatened them. Thereafter CW1 gave away his one gold ring weighing about 4 grams. The culprits took away cash of Rs. 2,500/ - which was in possession of CW1, a mobile phone and Rs. 600/ - from CW2, after removing the battery and sim card of the mobile phone they returned the mobile hand set to CW2 and thereafter they went away from the place.

(3.) THE police took away the two motor cycles left behind by culprits to their custody. Thereafter CW1 lodged the report about the incident and a case came to be registered for offence under Section 392 of IPC against 3 unknown persons and investigation was taken up. During investigation of some other case, the police came to know about the complicity of accused No. 1 N. Prakash, in that case, with the help of the accused persons who had been lodged in Bellary jail, on 19.08.2010.