ISHWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner-accused No.4 filed petition under Sec. 438 of Code of Criminal Procedure (for short ' Cr.P.C ) seeking anticipatory bail.

(2.) On the strength of the complaint filed by one Sunil Mathyu Kudukaparambil criminal law was set into motion by registering the case in Hanagal PS crime No.205/2022 for the offence punishable under Ss. 395 and 420 of Indian Penal Code and Sec. 25 of the Arms Act, 1959.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that accused No.1 met the complainant- Sunil Mathyu Kudukaparambil and introduced himself as Ramesh Hangal and they exchanged their phone numbers. Thereafter, accused No.1 called the complainant and informed that his grandfather has 2 k.g's of gold coins and intends to sell the same to perform the marriage of his children, as such he is in urgent need of money of Rs.10,00,000.00. On 19/11/2022, complainant went to Shimogga along with his friend by name Saiju. On 20/11/2022 he met accused No.1 and there were other persons with lady who was holding a plastic cover. It is further alleged that complainant returned to his village and arranged Rs.10,00,000.00 and came back to Shimogga in Maruti Omini car bearing registration No.KL-12/A-9079 along with his friend Saiju and driver Anish. On 27/11/2022, they came near Nalkar cross, Hangal at about 9:20 a.m. Accused No.1 asked him to accompany near petrol bunk. When they reached to the spot, accused No.1 fisted on chest of complainant and snatched the bag containing cash of Rs.10,00,000.00 and ran inside the forest. When they tried to catch him, other persons who were along with him and lady started pelting the stones at him and threatened that they will kill him, if they try to catch accused No.1. On these allegations made in the complaint, case is registered in Hanagal PS Crime No.205/2022 for the aforesaid offences.