ASHOK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 has filed this petition under Sec. 439 of Cr.P.C. seeking grant of bail in Crime No.176/2018 of Halageri police station, registered for the offences punishable under Ss. 395 and 120B of IPC pending in S.C. No.67/2021 on the file of II Additional District and Sessions Judge, Haveri, sitting at Ranebennur.

(2.) The case of the prosecution is that, on the complaint filed by the driver of the Eicher Canter bearing registration No.KA-25/D-1211, the Police have registered the case. The allegations are that on 30/11/2018 he along with the cleaner of the lorry Canter bearing registration No.KA-25/D-1211 were carrying the goods (Vimal Pan Masala load). When the vehicle was about 9 kms away from the Challageri Toll, a Tata Sumo vehicle came and stopped their lorry. Eight persons got down from the said vehicle and they broke the glass of the lorry with the iron rod and took complainant and cleaner to their custody. One of them, who had come in the Tata Sumo started driving the lorry. They have robbed mobile set and cash of Rs.8,000.00 from the complainant and fled away along with the lorry loaded with goods. On registering the case, the Police have conducted investigation and submitted the charge sheet. The petitioner/accused No.5 was arrested on 16/8/2019. Since then he is in judicial custody. Bail petition filed before the Sessions Court is rejected.

(3.) The petitioner/accused No.5 had earlier approached this Court seeking bail in Criminal Petition No.101802/2019, which came to be rejected by this Court by order dtd. 8/11/2019. Thereafter, the petitioner approached the Hon'ble Apex Court in Special Leave Petition (Criminal) Diary No.14294/2020 and the same came to be dismissed with a direction to the trial Court to expedite the trial and complete the same preferably within the period of one year from the date of receipt/production of a copy of that order.