UMESH Vs. STATE BY VIJAYNAGAR

JUDGEMENT

(1.) THIS is the petition filed by the petitioner/accused No. 4 under Section 439 of Crl.P.C. seeking his release on bail for the offences punishable under Sections 120(b) and 397 of I.P.C. registered by the respondent -Police in crime No. 173/2013.

(2.) THE brief facts of the case are that on 28 -6 -2013 at 9.30 p.m. the complainant and his cousin Ranju, after closing their mobile shop, went in the TVS Motorcycle to their residence situate at Hootagalli. Around 9.50 p.m. when they were proceeding on a mud road near Madegowda Layout, accused Nos. 1 to 4 came in their motorcycle, accused No. 4 (petitioner herein) chased C.Ws. 1 and 2 from the shop and informed accused Nos. 1 to 3 about the arrival of C.Ws. 1 and 2. Accused Nos. 1 to 3 were waiting near Madegowda Layout. As soon as C.Ws. 1 and 2 reached there, accused Nos. 1 to 3 surrounded them and accused No. 2 assaulted C.W. 1 by means of a club, as a result of which, C.W. 1 fell down and accused No. 1 assaulted C.W. 2 with club. When both of them fell down, the accused Nos. 1 to 3 snatched cash and cell phones along with the motorcycle. Accused No. 4 who played major role in hatching the conspiracy, pretended himself to be innocent and took C.Ws. 1 and 2 to the hospital for treatment. On the basis of the said complaint, case has been registered against the petitioner for the alleged offences.

(3.) I have perused the averments made in the bail petition, F.I.R., complaint, order passed by the lower Court in bail application and also the charge sheet material placed on record. Perusing the charge sheet material, the petitioner has been placed as accused No. 4 in the case.