NAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.141/2019 of Raibag Police Station, registered for the offences punishable under Sections 353, 307, 427, 429, 379 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) The brief facts of the case are that, Sri N. Mahesh, CPI of Raibag Circle filed the first information stating that he along with other staffs were checking the vehicle at Katakabhavi Cross Road on 24/07/2019 from 4.30 a.m. At about 5.30 a.m., they noticed one Mahindra Bolero pick up goods vehicle coming from Mugalkhod and when the informant gave signal to stop the vehicle, the driver tried to run over the vehicle on the informant and thereafter sped away towards Katakabhavi. Immediately, the informant chased the goods vehicle and noticed its registration number as KA-23/A-2955, also found that several sheeps were being carried in the vehicle and there were 4 to 5 persons inside the vehicle. On seeing the police jeep chasing the goods vehicle, the persons who were sitting in the vehicle induced the driver to speed away so as to escape from the police. However, the police chased the goods vehicle and way laid it. In the meantime, the persons who were in the vehicle started throwing the sheep from the moving vehicle. After stopping the vehicle, some of the inmates got down and started running away. However, the driver of the vehicle has been apprehended and he is Ashok Chandrappa, who is arrayed as accused No.1. He informed about other acused who were in the vehicle and it is found that the accused have committed theft of sheep and were transporting the same to the slaughter house. The vehicle in question was seized along with the sheeps and a case was registered against all those persons.

(3.) The petitioner came to be arrested during January 2021 and was remanded to Judicial Custody. He filed Crl.Misc. No.5414/2012 seeking bail and the same came to be rejected by VII Additional District and Sessions Belagavi sitting at Chikkodi by order dated 19/05/2021. Therefore, the petitioner is before this Court seeking bail.