NAGESH Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C., praying to set aside the judgment and sentence dtd. 26/11/2011 passed in C.C. No. 11577/2008 by the II Additional Chief Metropolitan Magistrate at Bengaluru and confirmed by the Fast Track Court-II, Bengaluru in Crl.A. No. 325/2011 on 17/7/2012 and acquit the petitioner.

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

(3.) The factual matrix of the case of the prosecution is that on 10/5/2008 at about 7:30 p.m., to 12/5/2008 7 a.m., the accused committed theft of lay Brand mobile Phone Set and cash of Rs.2,20,000.00 from the cupboard of C.W. 1 Company i.e., S.V.S. Products situated at K.R. Road, Basavanagudi, Bengaluru. Based on the complaint, a case has been registered. The police have investigated the matter and filed the charge-sheet against the petitioner for an offence punishable under Sec. 381 of IPC.