MUKHESH INDERPAL KASHYAP Vs. STATE

JUDGEMENT

(1.) THE petitioners have been arraigned as accused Nos.5 and 6 in C.C.No.182/2010 on the file of JMFC, K.R.Pet, Mandya District registered for the offence punishable under Section 397 of the Indian Penal Code.

(2.) ACCORDING to the case of the prosecution, in the intervening night of 21/22.06.2009, there was an incident of dacoity in the farm house of CW1- Nanjundegowda situated in K.R.Pet town behind K.S.R.T.C. bus depot. In respect of this incident, CW1 lodged a report interalia alleging that at about 1 'O' Clock in the mid night on 21.6.2009 while he and his family members were sleeping inside the house, five unknown persons having covered their faces with clothes forcibly entered the house by breaking open the front door and by threatening him and other inmates of the house and by assaulting them with dangerous weapons viz., chopper and club, robbed cash, watch, gold ornaments as well as silver anklets and by tying them, the culprits left the house. According to the complaint allegations the culprits were communicating in Telugu and Tamil languages. During investigation it was revealed that these petitioners who were arrested in Gujrat State in connection with some case were secured by Mysore Police on body warrant and during interrogation they disclosed their complicity in the present case. On that basis, the presence of these petitioners was secured through body warrant on 22.4.2010 and since then, they are in judicial custody. The application filed by the petitioners for grant of bail came to be rejected by the learned Sessions Judge. Therefore, the petitioners are before this Court.

(3.) I have heard the learned counsel appearing for both the parties and also perused the records made available.