VIJAYKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is preferred by the petitioner/accused No.1 under Section 439 of Cr.P.C., for grant of regular bail in Crime No.313/2017 of Brahmapur Police Station, registered for the offences punishable under Sections 399 and 402 of IPC and further being aggrieved by the order of the Court of III Addl. District and Sessions Judge at Kalaburagi passed in Crl. Misc. No.1842/2017, rejecting the petition for releasing him on bail.

(2.) The case of the complainant, who is the Police Inspector of the respondent Police Station is that, on 11.12017, he was on a special patrolling duty along with his personnel and that on 112017 i.e., in the intervening night at about 3.00 a.m., he received credible information that certain persons had assembled near Veeresh Nagar Cross with an intention to commit dacoity.

(3.) That, immediately he along with his personnel rushed to the spot and parked their vehicle at some distance from the spot and he saw that 5 persons were standing in the bushes and were speaking in low voices. Upon which, the complainant attempted to secure the persons standing in the bushes and upon seeing the police personnel, the accused persons tried to flee away from the spot and 4 of the accused had escaped from the place. That, the petitioner alone was secured and upon interrogation, he has revealed his name and the name of other accused persons who fled away from the spot. That, the other accused while fleeing from the spot have discarded one iron rod, black cloth, a motorcycle bearing No.KA-32-EH-5324, five mobiles, two sticks, three iron rods and five black cloths were seized from the spot. On the basis of the above, information, the Police Inspector lodged the complaint for the offences punishable under Sections 399 and 402 of IPC.