JALAL PASHA Vs. STATE

JUDGEMENT

(1.) Accused No.6 in Crime No.71/2021 registered by Devarajeevanahalli police station, Bangalore for the offences punishable under Ss. 120B, 399 and 402 of Indian Penal Code, 1860 and Sec. 25-1(B) of the Arms Act, 1959, is before this Court under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) Heard the learned counsel for the parties.

(3.) It is the case of the prosecution that complainant who was the police inspector of CCB, Bangalore had received credible information on 23/2/2021 that about 5-6 persons had assembled near Parachoot Military Ground, Modi Garden within the jurisdiction of D.J.Halli police station holding deadly weapons in their hands and they were planning to do some illegal acts. It is in this background the complainant along with staff, had raided the spot and apprehended 5 accused persons on the spot and after bringing them to the police station, had lodged a complaint which had resulted in registering the FIR in Crime No.71/2021 against 6 persons. In the FIR, the petitioner was arrayed as accused No.6. The allegation against the petitioner is that he had conspired with other accused persons for committing the offence. Apprehending arrest in the said case, he had filed Crl.Misc.No.25638/2023 which was dismissed on 8/8/2023. Therefore, he is before this Court.