KRISHNEGOWDA, S/O. LATE RAMEGOWDA Vs. STATE OF KARNATAKA, SHO BY PEENYA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, BANGALORE - 560 058

JUDGEMENT

(1.) PETITIONER has been arraigned as accused No. 5 in C.C. No. 21982/2012 on the file of VII ACMM, Bangalore registered for the offences punishable under Section 114, 394, 396, 302 and 411 R/w Section 34 and 35 of IPC. According to the case of the prosecution, there was an incident of robbery/decoity in the factory premises of M/s. Almighty Ring Forgings Pvt. Ltd., owned by CW.1 - B.M. Thippeswamy and others in the intervening night of 19/20.7.2012, and in the process of committing acts of robbery/decoity, the assailants murdered one Krishnappa, the security guard on duty at the factory premises by pushing him into the near by pit and dropping size stone on his head. The incident came to light, when CW -1 came near the factory in the morning of 20.07.2010. Immediately CW.1 lodged a report, based on which the police registered the case in Cr. No. 498/2012 for the offences punishable under Section 394 and 302 of IPC against un -known persons and took up investigation. During the investigation it was revealed that, in the incident iron pieces, forged items and other spare parts had been stolen from the factory premises, and the value of the stolen articles was to the extent of Rs. 1,50,000/ -. Investigation revealed that, the accused No. 1 - Ajay Dubey and accused No. 2 were former employees of the said factory and they had been removed from the work and in that background accused Nos. 1 and 2 at instance of the accused No. 4 -P. Thangaraj, along with accused No. 3 went near the factory in the goods tempo owned and driven by the petitioner in the night of 19.07.2012 and after committing murder of the security guard, who tried to prevent the acts of robbery, by breaking open the locks of the doors of the factory premises, accused Nos. 1 to 3 gained entry into the factory, went inside and committed theft of iron pieces, forged items and other spare parts, loaded them into the goods van driven by the petitioner and then took them to the shop of accused No. 4 and sold them for Rs. 42,000/ - out of which a sum of Rs. 3,000/ - was given to this petitioner. During the investigation, accused Nos. 1 and 2 were apprehended and their statements disclosed the complicity of this petitioner in the incident as the owner and driver of the goods tempo used for the commission of the offences. Therefore, the petitioner was apprehended and at his instance cash of Rs. 750/ - and the tempo was seized. Thereafter, the petitioner was subjected to the judicial custody. Application filed by him for grant of bail came to be rejected by Learned Session Judge. Therefore, the petitioner is before this Court. In the meanwhile, on completion of investigation, charge sheet came to be filed and the matter has been committed to the Court of Sessions and is pending in S.C. No. 1532/2012 before Fast Tract Court No. IV, Bangalore City.

(2.) THE petition is opposed by respondent -State.

(3.) LEARNED counsel for the petitioner vehemently contended that, the petitioner has been falsely implicated in the case and that, there are no reasonable grounds to believe that this petitioner was involved in the commission of offences and on the other hand, materials only indicate that the petitioner as driver of the tempo, went along with accused Nos. 1 to 3 as directed and then drove the vehicle to the shop of accused No. 4 and therefore there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. It is further contended that, as the accused No. 4 has already been granted bail by this Court, the petitioner is also entitled for the relief of bail.