KUMARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by petitioner -accused No. 5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Section 379 of IPC registered in respondent -police station Crime No. 348/2013.

(2.) THE brief facts of the case on hand are that on 21.10.2013 complainant Smt. H.M. Lalitha, W/o Krishnamurthy lodged the complaint alleging that they are residing in Hassan for education purpose of their children; her husband owns coffee estate in Sy. No. 120 of Banbaloor village and he used to visit the said estate often. Since, he is not able to travel and walk, she herself visits the coffee estate and takes care of the same. On 19.10.2013 she had visited the estate and to her sudden shock she found that two kooli trees were removed by theft from the said estate. Thereafter, she has discussed the matter with her husband and later lodged the complaint to the respondent -police for recovery of the said trees valued at Rs. 40,000/ -. On the basis of the said complaint, a case has been registered against the petitioner placing him as accused No. 5 along with four other accused persons.

(3.) IT is alleged that two kooli trees were removed from the estate of the complainant and during the course of investigation, police have arrayed the present petitioner as accused No. 5 and other four accused persons as accused Nos. 1 to 4. The other four accused persons applied for bail before the lower Court and the lower Court has granted bail to them and as the application of the present petitioner has been rejected, he has approached this Court.