SANDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 under sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in S.C. No.393/2019 (Crime No.233/2018 of Sankeshwar Police Station) pending on the file of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, registered for the offences punishable under Ss. 120(B), 450, 395 and 412 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).

(2.) The case of the prosecution is that, on 5/8/2018 at about 9.00 p.m. the complainant, his wife Annapurna, his daughter Vaishali and grandson Bhuvan were in the house at that time the accused knocked the door. When the complainant opened the door, four accused entered the house and one of accused showed the knife asking the complainant and others not to make hue and cry. Further the complainant assaulted with knife and he sustained injury on hand and other accused persons held the mouth of said Annapurna and Vailshali and started assaulting by hands and closed their mouth by the gummed plastic tape and snatched golden Mangalsutra and earring belonging to said Vailshali and also golden earring of said Annapurna. The said incident took place at about 10.00 a.m. The said complaint came to be registered in Crime No.233/2018 of Sankeshwar Police Station for the offences punishable under Sec. 394 of IPC. The Police after the investigation has filed charge sheet against the petitioner and other accused for the offences punishable under Ss. 120(B), 450, 395 and 412 of IPC, the case is pending in S.C. No.393/2019. This petitioner who came to be arrested on 5/9/2018 has been granted bail by the Sessions Court in Criminal Miscellaneous No.3/2019 by order dtd. 29/1/2019 and he has been released on bail on 19/12/2019. Thereafter this petitioner/accused No.4 did not appear in the said Sessions Case and NBW came to be issued against him on 21/1/2021 and it came to be executed on 25/9/2022 and since then the petitioner/accused No.4 is in judicial custody. The petitioner filed Criminal Miscellaneous No.5671/2022 seeking bail and the same came to be rejected by learned VII Additional Sessions Judge, Belagavi sitting at Chikkodi by order dtd. 19/10/2022. Therefore, petitioner/accused No.4 is before this Court seeking bail.

(3.) Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.