JOHNY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.5 under Sec. 439 of Cr.P.C., for granting bail in Crime No.398/2021 registered by Madivala Police Station, pending in S.C.No.824/2021 on the file of City Civil and Sessions Judge (CCH-57) at Bengaluru, for the offences punishable under Ss. 399 and 402 of Indian Penal Code.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the credible information the Madivala Police apprehended the petitioner and others for having assembled and preparing to commit decoity on 02.06.2012. The police have seized the deadly weapons. The petitioner was previously released on bail on certain terms and conditions and the matter was came to be entered in S.C.No.6/2013, subsequently, the petitioner was absconding from the case. Hence, the case against him was split-up and registered in S.C No.824/2021 and NBW has been issued. Subsequently, on 20.07.2021 he was secured by the police executing NBW and he was remanded to judicial custody. The petitioner has moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner-accused No.5 is before this Court.