CHANDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner is accused No.1 in Crime No.11/2018 of the complainant-police station against him and 7 other accused the complainant-police have registered the crime for the offences punishable under Sections 399 and 402 of Indian Penal Code. After completion of the investigation, the complainant-police also have filed charge sheet against those accused in C.C.No.1507/18 in the Court of the Vth Additional JMFC at Kalaburagi for the offences punishable under Sections 399 and 402 of Indian Penal Code.

(2.) The summary of the case of the prosecution is that based on receiving credible information, CW1-the Police Sub-Inspector of the complainant-police station joined with his staff on 09.01.2018 at 4.30 a.m. proceeded to Hatgunda Cross within the limits of his police station and noticed that the present petitioner joined by 7 other accused being present in the said place duly covering their faces with black masks and holding arms in their hands. The complainant by his observation, confirmed that those eight people were preparing to commit a dacoity and apprehended them and with the help of his staff, produced them before the Magistrate after registering a case against them for the offences punishable under Sections 399 and 402 of Indian Penal Code. Since then, the present accused is in judicial custody.

(3.) The petitioner in his petition as well as the learned counsel in his arguments submitted that the petitioner is innocent of the alleged offences and the complainant-police only to get improvement in their police station statistics has foisted a false case against them. Learned counsel further submitted that even according to the complainant, the alleged dacoity was not put into action and no robbery or dacoity booty was recovered from the possession of the accused.