NAGA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants herein are the accused Nos. 1 to 4 in S.C. No. 275/2008 on the file of the Sessions Judge, Fast Track - 4, Belgaum. They are convicted for the offences punishable under Section 395 of IPC.

(2.) BRIEFLY stated, on 01.12.2006, while the manager and his staff of State Bank of India, Chennammanagar Branch, Belgaum, were on their duty, at 10.30 a.m., 7 to 8 persons, posing themselves as customers entered the said bank; by wielding Pistol, Revolver and Chopper they demanded cash and dragged all the staff and the customers present in the hall to a corner. They took two of the officials/C.Ws.8 and 13 to the strong room and got the strong room forcibly opened through them. They looted the cash of worth Rs. 8,00,000/ -; after committing robbery, they put all the inmates of the Bank premises in the locker room, closed and bolted the room from outside, left the key of the locker room on customer pad and fled away with looted cash amount. On receiving information over mobile phone, the police arrived at the spot and received the complaint from the manager/C.W.1. The case was registered for the offence punishable under Section 395 of IPC in Crime No. 71/2006 and FIR was despatched to the Court. The Police Inspector/I.O./C.W.40 drew mahazaar in the presence of panch witnesses, recorded the statement of witnesses.

(3.) WHEN things stood thus, on a credible information, C.W.32/Circle Police Inspector, Mangalore Rural Circle on 21.08.2007, searched a bus coming from Melkar towards Mangalore. The second accused of this case was found in the bus with one suitcase. On enquiry and search, the PSI found gold ornaments in one plastic bag, in that suitcase. On further enquiry, second accused admitted that these are the ornaments looted from Chemmanur Jewellers, Bangalore. He was arrested along with properties and produced in the Konaji Police Station. During his interrogation, his complicity along with co -accused in the present case came to light. On 24.10.2012, the PSI of Udyambagh Police Station secured accused Nos. 1, 3 and 4 under body warrant and produced them before the jurisdictional JMFC in respect of this case.