MOHAMAD RUSTHUM SHAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioners who have been arraigned as Accused Nos. 1 to 6, 9, 10, 11, 26, 27 & 29 in Crime No.161/2012 of Sampangiramanagara Police Station registered for the offences punishable under Sections 489 (B) & (C), 120(B) of IPC, Sections 3, 25 & 27 of Indian Arms Act and Sections 3, 15, 16 & 17 of Unlawful Activities (Prevention) Act, 1967, ( for short, 'U.A. Act') have sought for setting aside the order dated 07.12.2012 passed by the Principal City Civil and Sessions Judge, Bangalore, in the aforesaid crime case allowing the application filed by the prosecution under Section 43(D)(2)(b) of U.A. Act and extending their remand upto 180 days from the date of their first remand by the Magistrate.

(2.) The case of the prosecution in brief is as under:

(3.) In terms of Section 43(D)(2)(b) of U.A. Act, the public prosecutor filed an application before the Principal City Civil and Sessions Judge, Bangalore, on 05.12.2012 seeking extended remand of these petitioners and others for 180 days. The said application came to be allowed by the learned Principal City Civil and Sessions Judge on 07.12.2012 extending the remand of the petitioners and other accused in the case, upto 180 days. The legality and correctness of the said order is questioned in this petition by raising several grounds. The petition is opposed by the Respondent-State.