SANTOSH @ SANTU Vs. STATE

JUDGEMENT

(1.) IN this petition filed under Section 439 of Code of Criminal Procedure, petitioners 1 and 2 arraigned as accused Nos.1 and 5 respectively in Crime No.194/2012 of Arasikere Town Police Station registered for the offences punishable under Sections 399, 402 of Indian Penal Code have sought for an order to enlarge them on bail.

(2.) ACCORDING to the case of the prosecution at about 4.00 a.m. on 8.9.2012 when PSI Town Police Station along with his staff was on patrolling duty, they received a telephonic information that in Henjagowdanahalli Extention of Arasikere Town, two persons in an Innova car are moving in a highly suspicious manner. Immediately he along with his staff went there and saw a white colour Innova car near railway bridge. Thereafter, the police party surrounded the car and found six persons in the car. All of them were caught hold and on interrogation, they disclosed their names and identity and also disclosed that they had gathered there with an intention to commit dacoity in any lonely house in the out skirts of the Town. On verification of the car, the police party found iron rod, clubs, Kurpi and chilly powder etc. All those articles were seized along with the Innova car and six inmates of the car were apprehended and later subjected to judicial custody. The petitioners were two of the six persons apprehended at that time. The applications filed by the petitioners for grant of bail came to be rejected by the learned Sessions Judge. Therefore, they are before this Court. In the meanwhile, on completion of the investigation the charge sheet has been filed before the jurisdictional Magistrate.

(3.) I have heard both sides and perused the records made available.