GUDIKAR @ GUDIKAR HANUMANTHA AND OTHER Vs. THE STATE

JUDGEMENT

(1.) This petition is field by the petitioners/accused Nos.3 and 4 under section 439 of Cr.P.C., 1973 in C.C. No.820/2015 arise out of in Crime No.59/2014 of T.B.Halli P.S. for the offences punishable under Sections 457 and 380 of IPC. The accused were apprehended by the Police and bail was granted to them. However, they did not appear before the Court of law and NBW was issued against them in C.C. No.820/2015 and they were secured and remanded in judicial custody. Hence, this bail petition amongst the grounds urged therein.

(2.) Heard the learned counsel for the petitioners and the learned Addl. SPP for the State.

(3.) It is stated in the complaint that on the intervening night of 12.12.2014 and 13.12.2014 some persons said to be accused had been lurked to trespass in the house of the complainant's father namely Araluru Mallappa situated at Hampasagara Village, by breaking up the door and entered into the house. The persons being accused had theft the gold ornaments weighing 160 grams, silver articles weighing 450 grams and so also had theft a cash of Rs. 17,000/-. Apart from that accused had also theft 20 silk sarees, in all totally a worth of Rs. 2,95,000/-. Subsequent to registration of crime against the accused, case was taken up for investigation by the I.O., wherein he had conducted the mahazar in the presence of panch witnesses and so also recorded the statement of witnesses and seized gold items as well as silver articles and so also 20 silk sarees said to be seized under the mahazar and laid the charge sheet against the accused in C.C. No.820/2015 arise out of T.B.Halli P.S. Crime No.59/2014.