SANTHOSH @ SANDY S/O V. GOPINATH Vs. STATE OF KARNATAKA BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AND MALLESHWARAM POLICE STATION INVESTIGATED BY CCB (OCW)

JUDGEMENT

(1.) The Petitioner are Accused 2 and 3 and it is the case of the case of the prosecution that on 07.01.2011 at 7.30 p.m. the Police Sub -Inspector CCB received credible information that few persons with vehicle bearing registration No. KA -35 -N -300 were standing by the side of the road armed with deadly weapons with an intention to rob the person by name Selva of pipeline resident and in the circumstance the Police Sub -inspector along with other police officials went to the spot and saw the vehicle near which about 5 to 6 persons with arms were standing and immediately tried to surround them and at that time it is alleged that the said persons, caused threat to the police officials by use of the long and but by using the minimum force by the police they were apprehended. It is in these circumstances that the Police registered a Crime for the offence punishable under Sections 353, 399 and 402 of the IPC.

(2.) THE Petitioners submit chat they are innocent and have not committed any crime and has been falsely implicated in the crime. They are ready arid willing to abide by any conditions that may be imposed by Court for their release on bail.

(3.) THE case registered is under Section 399 and Section 402 of the IPC is i.e., for the preparation to commit robbery and dacoity. The said offence is punishable with imprisonment for 10 years. Though the charge sheet has been filed, it is submitted before the Court that the person, by name Selva has not been examined by the police during the course of the investigation. Any how, the material placed on record has to be proved by the prosecution in the course of the trial. In these circumstances, I am of the opinion that the Petitioners are entitled to the bail sought for.