MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners, who are accused in Crime No.42/2016 registered by Kora Police Station for the offences punishable under Section 399 and 402 of IPC have filed this petition invoking Section 439 of Cr.P.C. seeking for their release on bail.

(2.) The case of the Prosecution is that on 27.3.2016, the P.S.I. of Kora Police Station received a credible information that certain persons are making preparations to commit dacoity near Tumakuru -Tovinakere road leading Hanchihalli Village. On receipt of said information, the P.S.I. alongwith his staff and panchas went to the spot at about 11.15 p.m. and saw that five persons got down from the Tata Sumo vehicle bearing registration No.KA -05 -AC -5034 holding weapons. The P.S.I. and other staff surrounded the said persons and caught hold of them. At the time of mahazar, the Police seized the iron rods, repeace, knife, chilly powder, cash, mobile phones and the vehicle. A case was registered against the petitioners for the offences punishable under Sections 399 and 402 of IPC. The petitioners filed a petition in Crl.Misc.No.307/2016 seeking their release on bail. The learned Sessions Judge, by his order dated 11.4.2016, dismissed the bail application. Hence, the petitioners have approached this Court seeking for their release on bail.

(3.) Learned advocate appearing for the petitioners contended that the petitioners are innocent of the offences alleged against them. There are no criminal cases pending against them. He submits that the petitioners are permanent residents of Tumkur District and belong to respectable families. He submits that the petitioners undertake to obey any of the conditions that may be imposed by this Court.