SHAMRAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973, (for short hereinafter referred to as ' Cr.P.C .') seeking to enlarge the petitioners, on anticipatory bail in the event of their arrest in Crime No.74/2022 of Alland Police Station, registered for the offences punishable under Ss. 341, 342, 365, 395 , 504 of the Indian Penal Code, 1860 (for short hereinafter referred to as ' IPC ') pending on the file of Prl. Civil Judge and JMFC, Alland.

(2.) The complainant - Bhugappa has lodged the complaint stating that on 29/5/2022 at about 01:00 p.m. when he along with driver by name Vishnu were proceeding in Bolero pickup vehicle from Kalaburagi to Umerga, on the way, when they reached near Aland check post, their vehicle was stopped by some seven to eight persons who have parked their motorcycles by the side of the road and they came across the vehicle and the driver of the Bolero vehicle i.e., Vishnu stopped the said vehicle. At that time, one person came near the vehicle and asked the complainant and the driver about what is loaded in that vehicle and he asked them who is the owner of that vehicle and he grabbed the mobile phone of complainant and called the owner of the vehicle stating that they are performing Jatra in their village and asked him to come to Jatra festival and informed that till he arrivals and meet them, they will not hand over his vehicle which is loaded with the rice. Further it is alleged that the said persons abused the complainant, the driver - Vishnu and they snatched a sum of Rs.8,500.00 from them and they also assaulted them. Further it is also alleged that on the next day morning when no one is there near the vehicle was taken by unknown persons and brought the said Bolero vehicle near the check-post of Alanda and they called the owner of the said lorry, then owner send one Manjunath to check-post. Thereafter, the driver - Vishnu took the said vehicle and when the complainant and said Manjunath were proceeding on the motorcycle, the accused came there and they have taken the complainant and Manjunath forcibly to near by land of one Bheema and started to assault them and caused injuries. Therefore, a case in Cr.No.74/2021 came to be registered against one Prasad and another seven to eight persons. The petitioners have filed petitions seeking anticipatory bail before the III Additional District and Sessions Judge, Kalaburagi, but the learned Sessions Judge dismissed their bail petitions. Hence, this petition.

(3.) Heard Sri.Rateeshkumar Sharnabasappa, learned counsel for the petitioners and Sri. Veeranagouda Malipatil, learned HCGP for respondent/State.