(1.) This petition filed by the petitioner/accused Nos.1 and 2 under Sec. 439 of Cr.P.Cr in Crime No.168/2022 registered by Bagaluru police Station for the offences punishable under Sec. 326 , 341 , 307 , 397 , 506 read with Sec. 34 of IPC on the file of Civil Judge and JMFC, Devanahalli.
(2.) Heard the arguments of learned counsel for the petitioners and learned HCGP.
(3.) The case of the prosecution is that on the first information given by one Ramaneshwara before the police on 29/9/2022 alleging that he came to Bangalore for business purpose and on 28/9/2022 had stayed in a hotel before traveling to Hyderabad. In order to go to airport he engaged Ola cab when he was on the way to the airport near CNJ Gas Station near Gollahalli some three persons stopped the car and assaulted him and caused injuries and he got admitted to the hospital. The police registered FIR initially for the offences under Sec. 341 , 326 read with 3 of IPC . After recording the further statement it is alleged that the accused No.1 was asked to come near the place of occurrence as he will give some amount later and he has stated that he will send accused No.2 Rajkumar. Later when he was proceeding on the way the accused No.2 asked the complainants to stop near lonely place and the accused No.2 sent three persons accused Nos.3 to 5 came to the place and assaulted and later took him to some other place near Boodigere and assaulted him and snatched his mobile phone. Subsequently, the police inserted sec. 397 of IPC along with 307 of IPC . During the investigation the accused Nos.1 and 2 were arrested by the police on 1/10/2022 and on 8/10/2022 respectively, they are remanded to judicial custody. Their bail petition came to be rejected. Hence they are before this court.