LAWS(KAR)-2011-6-84

ADARSH H S Vs. STATE OF KARNATAKA

Decided On June 24, 2011
ADARSH H.S. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These petitions are by the accused in Crime No.55/11 of Periyapatna police station which, after filing of the chargesheet, is registered in C C.339/11.

(2.) Crl. P.2829/11 is by accused No.11 seeking anticipatory bail apprehending arrest, while the petitioners in Crl. P. Nos. 2830/11, 2951/11, 2858/11 and 3336/11 are filed by accused Nos. 8, 9, 4 and 12. Crl. P. 2830/11 is disposed of by a separate order as having become infructuous.

(3.) From what is urged by the learned counsel for the petitioners and Govt. Pleader, prosecution against the petitioners was launched on the basis of a complaint submitted by one Shantilal before the S.H.O. of jurisdictional police station at Periyapatna on 4.3.2011 in which it is alleged he is a dealer in gold ornaments, for which purpose he travels to various places. On 3.3.2011 he had gone to Kushalnagar with gold ornaments and visited several shops where he disposed of the same. He collected money from customers and with the remaining jewellery, wanted to return to Mysore. At Periyapatna bus station, he boarded bus No.KA-09- F-4455 enroute Mysore. On Madikeri road, when the bus reached Borehosalli Gate, a white Ambassador car with yellow nameplate overtook the bus and forced the driver to stop. In this manner, the car way- laid the bus and one amongst the occupants of the car entered the bus and asked Shantilal to alight on the pretext that the Inspector of City Crime Branch (CCB) wants to interrogate him. Without giving him any time, the intruder is alleged to have taken out Shantilal and put him in the car where in all there were 6 persons. From that spot, the car moved further and during the short journey, the six occupants including the driver took away the bag containing cash and gold jewellery consisting of nose and ear studs, dangling. etc. When he resisted, he was hit on the head and threatened of dire consequences. After some distance, he was thrown out of the car and they sped away.