DEVU ALIAS DEVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPREHENDING his arrest by respondent -Channarayapatna Town Police in connection with the case registered in Crime No. 413/11 for the offences punishable under Sections 457 and 380 of the Indian Penal Code, the petitioner herein arraigned as accused No. 4 has presented this petition under Section 438 of the Code of Criminal Procedure seeking relief of anticipatory bail. According to the case of the prosecution, during the intervening night of 26/27.11.11 some miscreants by breaking open the lock of the door of Sri. Renuka Yellamma Temple in Doddahalli Taluk and after entering the Temple they have committed theft of Hundi, 3 gold taalis and a nose stud found on the idol. This was noticed by the complainant D.J. Prakash, Archaic of the Temple when he came near the temple at 7.00 a.m. on 27.11.11. Thereafter a report came to be lodged on 28.11.11 based, on which the aforesaid case came to be registered and investigation was taken up.

(2.) DURING investigation accused Nos. 1 to 3 were apprehended on suspicion and several articles including the articles stated to have been stolen from the temple were recovered. Accused Nos. 1 to 3 said to have disclosed the complicity of these petitioners also in commission of the offence. The petitioner was arraigned as accused No. 4. On coming to know of the same the petitioner approached the learned Magistrate seeking relief of Anticipatory Bail. The application filed by the petitioner for grant of bail came to be rejected. Therefore, the petitioner is before this Court

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