ABDUL SAMAD ALIAS SAMAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner herein has been arraigned as Accused No.1 in S.C. No. 136/ 2010 on the file of Fast Track Court at Ramanagar. He and other accused persons have been alleged to have committed offences punishable under Sections-399 and 402 of IPC.

(2.) ACCORDING to the case of the prosecution, at about 8.00 p.m., on 08.12.2011, the Police Sub-Inspector, (Law & Order), Ramanagara Town Police Station, received credible information that about 6 to 7 persons are trying to commit dacoity on the road leading to Hunasanahalli. Immediately, the Police Sub-Inspector along with his staff and panchas went near the place at about 8.30 p.m., and there he saw about 7 persons armed with sword, chopper, hockey sticks, etc. and making attempts to commit acts of dacoity on the passers by on the road. Immediately, the Police Sub-Inspector and other staff tried to round them off, however all of them started running and though the police party chased them, only one of them could be caught and rest of them escaped into the darkness. The person who was caught hold, disclosed his identity as Abdul Wahid @ Abdul Aziz. (Accused No.2) and he also said to have disclosed the names and identity of the other persons who ran away from the place. It is the further case of the prosecution that on further interrogation, Accused No. 2 disclosed that they were attempting to commit dacoity at that place. On the basis of the disclosure made by Accused No.2, this petitioner was arraigned as Accused No.1. During investigation, he was apprehended and later subjected to judicial custody. After completing investigation, the Investigating Officer filed the charge sheet and the case has already been committed to the Court of Session. As his prayer for bail came to be rejected by the learned Sessions Judge, he is before this Court seeking the relief of bail.

(3.) HAYING regard to the materials available on record, at this stage, there are no reasonable grounds to believe that this petitioner is guilty of the offence punishable under Sections 399 and 402 of IPC. Therefore, the petitioner is entitled to be enlarged on bail.