LOHITHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Sec. 439 of Cr.P.C., for granting bail in S.C.No.26/2022 arising out of Crime No.273/2021 registered by Shivamogga Rural Police Station pending on the file of III Addl. District and Sessions Court, Shivamogga for the offences punishable under Ss. 448, 397 read with Sec. 34 of IPC.

(2.) Heard Sri.Sudharshan L., learned counsel for the petitioner and Sri.S.Vishwamurthy, learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint of K.M. Jayannagouda, the police registered the case and it is alleged that on 3/8/2021 at 11.30 p.m. when the complainant and family members staying in his house, some unknown persons came to his house wearing the mask, monkey caps, and jerkins and they forcefully committed dacoity of cash, mangal sutra etc., and also assaulted him on the body. During the investigation, the police arrested the petitioner/accused No.2 on 15/8/2021. His earlier bail petition came to be rejected by this Court on 22/12/2021 in Crl.P.No.8183/2021. Later, again he approached this Court for grant of bail under Sec. 439 of Cr.P.C. in Crl.P.5122/2022 which cannot be allowed by granting bail for a short period of three months for the purpose of medical treatment.