SURESH S.V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/Accused No.12 has filed this bail petition under Sec. 439 of Cr.P.C. for granting him Regular Bail in Crime No.60/2021 registered by Hunsur Rural Police Station, Mysuru District, registered for the offences punishable under Ss. 120(B) , 395 and 397 of IPC, which is culminated in C.C. No.1514/2021 and pending before the Court of Principal Civil Judge and JMFC, Hunsur.

(2.) The brief factual matrix of the prosecution case are that, the complainant -Sri.Suraj owns a gold business in the name of Sapna Jewellers at Pannur Village; and that on 15/3/2021 he left his place to sell 2 kgs. of Gold in the City of Bengaluru along with his friends including his friend one Mr. Krishnadev in Swift Car bearing No. KA.13.AC.7372 and reached Bengaluru and sold the same for Rs.1.00 Crore and received cash of Rs.30.00 Lakhs in denomination of Rs.2,000.00 and remaining Rs.70.00 Lakhs in denomination of Rs.500.00 and put it in hand break box of the car and left Bengaluru at 6.30 p.m., towards Pannur. It is further asserted that, one Subhash was driving the car and on the way they stopped the Car near Coffee-Day hotel at Hunsur at 11.30 p.m. and slept in car for taking rest. On next day morning at 6.30 a.m., they left the place and when they stopped the car for nature's call at the side of the road at about 6.40 a.m., at that time about six to seven unknown persons came there in two Innova Cars and intercepted them and took the complaint and said Subhash in a car to a some distance and robbed their Oppo mobile phones and assaulted Subhash with hands on his face and left them there itself and went away and when they came back to the place where their car was parked, the car was not there and thereby the car, cash and mobile phones were robbed by some unknown persons. In this regard, a complaint came to be lodged in the jurisdictional Police Station.

(3.) On the basis of the said complaint, subsequently Accused Nos. 1, 2 and 9 were arrested and from Accused Nos. 1 & 2, Rs.24.00 Lakhs was recovered. Further, on the statement of Accused No.9 that the present petitioner was also involved in this case, the petitioner/Accused No.12 was implicated in this crime and on 1/9/2022, he was remanded to judicial custody. Hence, the petitioner has approached the learned Sessions Judge with a petition seeking for bail and that petition came to be rejected. Hence, the petitioner is before this Court with this bail petition.