SHIVARAJA ALIAS SHIVUI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As these two petitions filed under Section 439 of the Code of Criminal Procedure, 1973 are arising out same Crime No. 6 of 2012 of Siddapura Police Station, Bangalore City, they have been clubbed together and are being disposed of by this common order. The petitioner in Criminal Petition No. 1652 of 2012 has been arrayed as accused 1 and the petitioners in Criminal Petition No. 1310 of 2012 have been arrayed as accused 3 and 4 in Crime No. 6 of 2012 of Siddapura Police Station, Bangalore City, registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860.

(2.) These petitioners along with other accused alleged to have made preparations for committing dacoity and robbery near Siddapura Kalyani, situated in 1st Block, Jayanagara, Bangalore. According to the case of the prosecution, at about 8.00 p.m. on 9-1-2012, the Police Inspector of Siddapura Police Station, Bangalore, received a credible information about five persons standing near Siddapura Kalyani in 1st Block, Jayanagara, along with an autorickshaw and a motorcycle and are making preparations to commit robbery and dacoity. Immediately, the said Police Inspector secured the panchas, appraised them about the Information received by him and thereafter, along with the Panchas and the staff came near the place, saw three persons sitting inside the autorickshaw and two persons sitting on a motorcycle parked there. At that place, a Police personnel was sent near those persons to confirm the correctness of the information and after over hearing the discussions going on between them, the police personnel gave signal and immediately the riding party surrounded those persons sitting in the autorickshaw and the motorcycle, caught hold of them and on interrogation, they disclosed their names and identity and however, one of them ran away from that place. Two clubs about three feet in length found behind the hind seat of the autorickshaw as well as the motorcycle were seized and on the basis of the suo motu report, the Police Inspector registered the case.

(3.) It is the further case of the prosecution that at the instance of accused 1, seven gold chains were recovered and at the instance of accused 2 to 4, nine gold chains were recovered. Since then the petitioners are in Judicial custody. The prayer for bail made by the petitioners before the learned Sessions Judge came to be rejected. Therefore, the petitioners are before this Court.