ANU @ CHINKIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition filed under Section 439 of Cr.P.C., the petitioner has sought for an order to enlarge him on bail in connection with case in Cr.No.116/08 of White Field Police station, registered for the offence punishable under Section 395 of IPC.

(2.) ACCORDING to the case of the prosecution, the aforesaid case came to be registered on the basis of the complaint lodged by one L.V.Moss on 06.05.08 interalia alleging that on the night of 5/6.05.08, when the complainant and his wife were sleeping in the house, at about 3 a.m., six masked men entered their house, tied their hands and legs and brandished with knife and lathis, demanded to part with the gold and cash in the house. At that time, his wife having no other option, gave them cash of Rs.80,000.00 to one lakh which had been kept in the steel cupboard and the culprits stole away, two wrist watch, one Samsung mobile phone and a gold wedding ring and while going away from the house, they took away the Maruthi Car bearing registration No.KA-03 P-7616. On the basis of the said complaint, case was registered initially against unknown persons. Thereafter, during investigation, some of the accused persons were arrested and during interrogation, they said to have disclosed the complicity of this petitioner in commission of the offence. On that basis, petitioner was arraigned as one of the accused in the case. On completion of investigation, charge sheet came to be filed by showing this petitioner arraigned as accused No.5 as 'absconding'. Since the presence of this petitioner could not be secured, case against him was ordered to be split up and split up charge sheet came to be registered in C.C.No.2547/08 on the file of I Addl.CJM, Bangalore rural, Bangalore. The main case as against other accused was committed to the court of Sessions and registered as S.C.No.287/08. The petitioner herein was apprehended on 10.07.12. In the meanwhile, accused who took up their trial in S.C.No.287/08 were acquitted of the charges leveled against them for the offence punishable under Section 395 of IPC by judgment dated 26.07.10 passed by the I Addl.District and Sessions Judge, Bangalore Rural District, Bangalore. However, accused No.1 Godaji Gopinath was convicted for the offence punishable under Section 412 of IPC. On being produced before the jurisdictional Magistrate, this petitioner was remanded to judicial custody.

(3.) THE petition is opposed by respondent-State.