GULAB MOIDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.

(2.) Petitioner in Criminal Petition No.7015/2019 is arraigned as accused No.7 whereas the petitioners in Criminal Petition No.7322/2019 are arraigned as accused Nos.5 and 6 in connection with crime No.109/2019 of Mangaluru East Police station for the offence punishable under Sections 170, 171, 419, 120-B, 399, 402 read with 149 of IPC and Sections 3 and 25 of Indian Arms Act, 1959 and Section 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005.

(3.) The brief allegations as could be seen from the FIR is that on 16.08.2019 at about 5.00 p.m., on the basis of credible information and direction from the higher officers, the respondent police went to Sayi Arya Lodge near Pumpwell circle along with panch witnesses and saw a vehicle with NCIB Directors' Emblem and five persons who were in Safari Dress gathered near the said vehicle. On enquiry, they confessed that they have assembled for the purpose of committing dacoity along with some other persons, who stayed in the lodge. The respondent police went to the said lodge and arrested three more persons along with these accused persons and seized a Mahindra Car TUV, cash of Rs.24,000/-, a German made pistol, four mobile phones, H.D.Wifi Camera, NCIB Identity Card and Logo etc from the accused persons. As such, the respondent police have come to the conclusion tentatively that all the accused persons assembled by preparing themselves to commit dacoity and therefore, a case was registered against the accused persons.