SHIVARAJU J.D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are arraigned as Accused Nos.1, 2 and 3 in Crime No.85/2016 on the file of Udupi Town Police Station for the offences punishable under Sections 399 and 402 of IPC.

(2.) A case has been registered against six accused persons on the allegations that on 08.03.2016 at about 5.00 p.m., they gathered near Manipal - Udupi road for the purpose of committing dacoity having possession of a Talwar, a rod and chilli -powder packets and other incriminating articles. The police on receipt of credible information, went near the said place and on suspicion, they have arrested all the accused persons on the allegation that they formed into an unlawful assembly and preparing themselves for the commission of dacoity. On the same allegations, three accused persons, by name Chethan @ Kumarswamy, Puneeth Gouda and Vijay Kumar @ Vijaya Kumar @ Vijaya have approached this Court for grant of bail. This Court vide order dated 11.05.2016 in Criminal Petition No.2685/2016. granted the relief of bail to the said accused persons subject to certain conditions. These petitioners are also in Judicial Custody and they also stand on the same footing as that of other three accused. Therefore, there is no reason to refuse to grant such remedy as already granted to the co - accused, to these petitioners. Hence, the following order is passed. ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.85/2016 of Udupi Town Police Station, subject to the following conditions: