VELU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals are filed by accused Nos.1 and 2 challenging the judgment of conviction and sentence dtd. 26/2/2013 passed in S.C.No.817/2012.

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

(3.) The factual matrix of the case of the prosecution before the Trial Court that PW3 has received the credible information that these two accused along with other accused persons making the preparation to commit dacoity. On the said information, they went to the spot and observed that some persons are making preparation and hence, raid was conducted on 1/7/2011 at 9.30 p.m. near Neelagiri plantation compound, Kenadiyan school road, Yelahanka, Bengaluru also charges leveled against the accused persons that all of them belongs to a gang of persons assembled for the purpose of habitually committing dacoity and four accused were apprehended at the spot and one person ran away from the spot and thereafter, the person who ran away from the spot has been arrayed as accused No.5. Accused No.2 was on bail and he was arrested on 1/7/2011 and released on 21/7/2011. Accused No.1 also granted bail and subsequently, he was taken to the custody on 1/8/2011 under body warrant and still, he is in judicial custody.