K.MANSOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.3 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.127/2021 of Cowl Bazar Police Station registered for the offences punishable under Ss. 457 and 380 of The Indian Penal Code (hereinafter referred to as ' IPC ', for brevity), (pending in C.C.No.156/2022 on the file of II Additional Civil Judge and JMFC, Ballari)

(2.) The case of the prosecutions is that, one K. Madhu has filed complaint against the unknown person alleging that on 4/8/2021, the complainant along with his family members had been to Guntakal town. At about 4:30 p.m on 5/8/2021, they returned back from Guntakal and they noticed that the front grill of the house was broken, further they noticed that the main door had been break open and some unknown persons illegally gained entry and committed theft in the house. It is stated that about 1244.301 grams of gold ornaments and cash to the tune of Rs.40,000.00 was robbed from his house. The said complaint came to be registered in Crime No.127/2021 of Cowl Bazar Police Station for the offence punishable under Sec. 454 , 457 and 380 of IPC. During the course of investigation, accused Nos.1 to 3 were arrested on 1/3/2022 and after completing investigation, the charge sheet has been filed for the offence punishable under Ss. 457 and 380 of IPC. The petitioner-accused No.3 along with accused Nos.1 and 2 has filed Crl.Misc.No.496/2022 seeking bail and the same came to be rejected by learned II Addl. District and Sessions Judge, Ballri by order dtd. 22/6/2022. Therefore, the petitioner-accused No.3 is before this Court seeking bail.

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