ASHRAF ALI Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioners/accused Nos.6 and 7 under Sec. 439 of Cr.P.C., for granting them bail in Crime No.64/2020 registered by Agumbe Police, Thirthahalli Circle, Shivamogga District for the offences punishable under Ss. 395, 397, 324, 323, 506, 457 of IPC.

(2.) Heard the arguments of the learned counsel appearing for the petitioners and the learned HCGP appearing for the respondent-State.

(3.) The case of the prosecution is that on the complaint of one Sri. M.R. Ganesh Hegde filed before the police on 13/10/2020 alleging that on 12/10/2020 himself and his son were watching IPL cricket match upto midnight and he went for sleep at about 12.00 a.m., midnight and his son was watching mobile, at the time, five to six unknown persons came inside the house by breaking the door with an intention to commit dacoity and assaulted the son of the complainant and complainant with chopper and tried to break the Almirah to dacoit the ornaments, at the time, complainant's brother son uttered where is his gun in order to shoot assailants. After hearing the sound, the assailants fled away from the house. After registering the case, HSR Layout, Bengaluru police said to have arrested accused Nos.1, 2 and 4 in Crime No.180/2020 and based upon the voluntary statement of the co-accused, the police arrested accused No.6 on 18/1/2021 and accused No.7 on 19/1/2021 and they were brought to the police station. After interrogation, they were remanded to judicial custody. They approached the Sessions Court for grant of bail, which came to be rejected. Hence, they are before this Court.