ZABIULLA @ ZABI Vs. STATE BY KUMARASWAMY POLICE STATION

JUDGEMENT

(1.) PETITIONER is accused No.1 in CC No.19411/2012 on the file of 5th ACMM, Bangalore City registered for the offences punishable under Sections 399 and 402 IPC.

(2.) ACCORDING to the case of the prosecution, Police Inspector, Kumaraswamy Layout police station, Bangalore, while on patrolling duty on 21.03.2012, received credible information that near Jaraganahalli lorry stand on Kanakapura main road, five persons holding longs, clubs, knives and other weapons are trying to rob persons proceeding on the road and thereby they have made preparations for committing acts of decoity. Immediately he secured the presence of Panchas, appraised them about the information received by him and later proceeded to the aforesaid place and from a short distance, he saw five persons holding weapons in their hands, standing by the side of the road. Immediately, the police party surrounded, tried to catch hold of those persons. However, three of them managed to escape and two persons were caught hold. On interrogation, they disclosed their names and identity. They also disclosed the names of the other three persons, who ran away from the place. Thereafterwards, the weapons held by those two persons were seized and on the basis of the report of Police Inspector, case came to be registered. On production of this petitioner before the jurisdictional Magistrate. he was remanded to judicial custody and his application filed for grant of bail was rejected. Therefore, the petitioner is before this Court.

(3.) I have heard both the sides and perused the records made available.