RUMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused No.7 under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred as the 'Cr.P.C.' for short) for granting anticipatory bail in Crime No.08/2020 of Harapanahalli Police Station for the offences punishable under Ss. 341, 171, 363, 397 and 506 of the Indian Penal Code, 1860 (hereinafter referred to the 'IPC', for short).

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State.

(3.) The case of the prosecution is that on the complaint of one D.M.Manjunath S/o Dodda Mallappa who is said to a betel nut business man has filed complaint that on 15/1/2020 himself and his driver took the lorry loaded with betel nuts in order to sell the same at Nagapur from Shivamogga. The vehicle was traveling in Hospet main road. At that time innova car intercepted the lorry showing board of RTO. Thinking that they are RTO officials, driver parked the lorry. At that time person from the said innova vehicle asked to produce bill and documents and they shown the bill and documents. All the persons in the said innova threatened both the complainant, assaulted them and abducted them in innova car and asked accused No.4 to 7 to bring lorry. After some time lorry was struck and break down and unable to move. Thereafter accused nos.1 to 3 snatched Rs.10,000.00 from complainant. In a remote area, surrounded by forest, they stopped the said innova vehicle and directed the complainant and driver to get down from the vehicle and attend nature call. When they were attending nature call all the persons escaped in innova car. A case came to be registered against accused persons. Police arrested accused nos.1 to 5 and subsequently, they have remanded to judicial custody. Accused Nos.2 to 5 wre granted bail by Magistrate. Accused No.1 is said to be in custody. Subsequently, shown this petitioner as absconded. Hence, apprehending his arrest, he has approached III Addl. District and Sessions Judge, Ballari sitting at Hosapete and the same came to be rejected. Hence, petitioner has filed 438 petition before this Court.