KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.6, 8, 9 and 14 have filed this petition under Sec. 439 of Cr.P.C. seeking bail in Crime No. 47/2021 of Kottur Police Station for the offence punishable under Ss. 394, 395, 342, 120-B of IPC.

(2.) The case of the prosecution is that the complainant is a businessman and he is the owner of Fresh Green Agritech company and also doing Real Estate business since 4 years. It is stated in the complaint that, the complainant had kept cash of Rs.30,00,000.00 in the locker in his house and all the accused conspired with each other and on 11/4/2021 at about 08.45 pm when the complainant was there in his house along with his wife and children, six to seven persons, aged between 20 to 30 years, unknown to the complainant who covered their faces by cloth, wearing hand gloves, holding macchu and long chopper, forcibly entered into the house of the complainant and showing the long chopper and macchu, threatened and asked him where he had kept the money and when the complainant tried to escape from them, one of the accused, by a long chopper, assaulted on the right shoulder and right forearm and caused him internal injuries and when the wife and his son tried to interfere, the said persons showing the long and macchu, threatened them that they would kill them and again threatened that, if they did not pay the amount, they would kill them. They asked the complainant to show the cupboards. The complainant showed the cupboards situated in his bedroom and the said persons opened the locker of the said cupboard and all of them robbed Rs.30,00,000.00 from the complainant. On 12/4/2021 at 01.00 am the complainant lodged the complaint which came to be registered in Crime No. 47/2021 of Kottur Police Station for the offence under Sec. 395 of IPC against 6 to 7 unknown persons. The Police during investigation arrested accused Nos. 1 to 10 and on search they found cash of Rs.4,17,000.00 from accused Nos.1 to 10. Their mobiles, innova vehicle, 3 iron longs and three macchus were seized under mahazar. As per the information given by accused No. 9 and as shown by accused No. 9, a sum of Rs.50,000.00 was seized under mahazar. As per the information given by accused Nos.1 and 14, some material objects were seized under mahazar. When accused No. 15 was arrested, on search, he was in possession of hard cash of Rs.10,510.00 and a mobile and the same were seized under a mahazar. The accused were arrested and they were remanded to judicial custody.

(3.) Petitioners earlier had filed Crl.P.No. 101468/2021 and the same came to be rejected by this Court by order dtd. 22/10/2021.