PURAN RAM DEVASI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.71/2023 is filed by petitioner/accused No.3 and Crl.P.820/2023 is filed by petitioner/accused No.4 under Sec. 439 of Cr.P.C., for granting bail in Crime No.60/2022 of Chamarajpet Police Station charge sheeted for the offences punishable under Ss. 381 , 302 , 120B read with Sec. 34 and 35 of Indian Penal Code pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28115/2022.

(2.) Heard both learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The case of the prosecution is that accused No.1 is said to be the servant of the deceased, Jagraj Jain, and he was in need of Rs.5,00,000.00 for house expenses. He requested a loan from the deceased, but the deceased denied giving it to accused No.1. Accused No.1 found huge gold and silver articles and cash kept in the house; therefore, he hatched a plan with accused No.4 for committing dacoity in the house of his employer. Accused No.1 contacted accused No.4 to send someone to execute the plan. Then, accused No.4 is said to be given the telephone number of accused No.2 for getting assistance to commit dacoity. But accused No.2 did not agree; therefore, accused No.1 contacted accused No.4 again for assistance. Hence, accused No.4 asked accused No.1 to contact accused No.3 for assistance and told his brother will also help. Thereafter, they hatched a conspiracy on 24/5/2022 in the late-night hours. Accused No.1 came inside the house, committed murder on the deceased, and took away the gold ornaments, silver articles, and cash with the help of accused No.2. Subsequently, they went to the shop of accused No.3 and gave gold ornaments to keep it in custody. Accused No.4 along with accused No.5, took Rs.45,00,000.00 for labour charges. The police recovered Rs.45,00,000.00 cash along with gold articles from the accused persons. They have been remanded to judicial custody. The earlier bail petition of these petitioners was withdrawn. Now, these petitioners have filed this bail petition on additional grounds.