MITHUN VANIYAN @ ROHITH SHETTY @ BAIRAON SINGH RANA Vs. THE STATE OF KARNATAKA BY PADUBIDRI POLICE STATION UDUPI DISTRICT

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.1 to release him on bail in Crime No.162/2017 for the offences punishable under Sections 395, 506, 400, 412, 413, 213, 201 of IPC and also under Section 27 of the Indian Arms Act, 1959.

(2.) A complaint came to be registered by one Rajendra Singh Shaktwat alleging that on 18.09.2017 at about 6.35 a.m., four unknown persons committed dacoity in a moving train by holding pistol and robbed a suit case containing ornaments of the complainant. After investigation, the Investigating Officer has filed the charge sheet. The material allegation made in the charge sheet is that accused No.3 was earlier working in the jewellery shop of the complainant. He was removed from the job and having come to know that the complainant was involved in sending gold articles outside the State, they conspired with other accused persons and in furtherance of their common intention, on 18.09.2017 at about 6:20 a.m., the accused persons entered S-7 compartment and woke up the complainant by showing revolver and knife, forcibly snatched key from the complainant and robbed mobile and suitcase containing 4.112 kgs of gold ornaments.

(3.) I have heard learned counsel for the petitioner and learned High Court Government Pleader. During the course of arguments, learned counsel for the petitioner submitted that already accused Nos.2 to 5 have been released on bail by this Court and on parity, accused No.1 is also entitled to be released on bail. He further submitted that though accused No.3 was working with the complainant but the complainant has clearly stated that four unknown persons have committed the dacoity. He also further submitted that the other charge sheet material is also not sufficient to hold the accused, guilty of the offences. He further submitted that the alleged offences are not punishable with death or imprisonment for life. On these grounds, he prayed to allow the petition.