C. K. KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner/accused No.3 under Sec. 439 of Cr.P.C., for granting bail in Crime No.13/2021 registered by Hanumanthnagar Police for the offences punishable under Sec. 229(A) of IPC and Ss. 25-1(b) and 27 of Arms Act.

(2.) The case of the prosecution is that on the suo-moto complaint registered by Hanumanthnagar Police wherein it is alleged that on credible information when they were patrolling duty at 4.30 a.m. on 28/1/2021, six persons were assembled with deadly weapons near Rammandir for committing dacoity, immediately, the police apprehended them and they are already rowdysheeter in the police station. Immediately, they have been taken to the custody and seized the weapons from the hands of the accused and remanded them to judicial custody. The petitioner has approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case. Even otherwise, offence under Sec. 229(A) of IPC will not attract against him and it is attracted to accused No.1, who was absconding in the earlier case and co-accused No.2 has been granted bail by this Court in Crl.P.No.2328/2021 dtd. 1/4/2021. On the ground of parity, this petitioner is also entitled for bail. Hence, prayed for allowing the bail petition.