HALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Additional State Public Prosecutor for respondent - State. Perused the records.

(2.) PETITIONERS have been arrayed as accused Nos. 6 and 5 respectively in connection with Alawandi P.S. Crime No. 1/2014 for the offence punishable under Section 392 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity).

(3.) THE allegation against these petitioners is only that they were drivers of tractors and have facilitated accused Nos. 1 to 4 in committing theft and transporting iron rods. The offence punishable under Section 392 of I.P.C. is not punishable with death or imprisonment for life. Petitioners are no more required for any further investigation. In this case the witnesses, who have been examined by police have categorically identified accused Nos. 5 and 6 as drivers. Therefore, the question of identification of these accused persons is also not in dispute. Under the above said circumstances, I am of the opinion that the petitioners have made out a ground for grant of bail under Section 439 of Code of Criminal Procedure, 1973. Hence, I pass the following: