ASHWIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for the respondent/State. This petition is filed by the petitioner/accused No.2 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting bail in Crime No.216/2021 registered by the Chikkodi Police Station for the offence punishable under Ss. 328 , 394 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for brevity).

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

(3.) The case of the prosecution is that, on the complaint of one Annu Singh, the police registered a case wherein it is alleged that the complainant is working as a Manager in R.Sai Logistic India Private Limited at Gwalior. Their driver was returning from Tamilnadu after loading the tyres worth Rs.64,00,000.00 in their company's truck bearing No.HR-55 AH-7912, subsequently, they got information that their company's truck was parked in Chikkodi, Belagavi district, Karnataka State, and the tyres were missing. Initially, the case was registered under Sec. 379 of IPC. Thereafter, during investigation, it has come to know that accused Nos.3 and 4 stated to have given some sleeping tablets to the driver of the vehicle when he has stopped the truck for drinking tea and when he became unconscious, accused Nos.3 and 4 took the lorry and unloaded in the godown belonging to the petitioner. Subsequent to arrest, the police seized the tyres. Investigation is completed and charge sheet has been filed. His bail petition came to be rejected by the learned Sessions Judge. Hence, the petitioner is before this Court seeking grant of bail.