GANESH @ GANAPATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these petitions are arised out of same crime No.224/2018 of the respective police for the offences punishable under Sections 395, 365, 342 of IPC and therefore, both these petitions are taken up together and disposed of by this common order. The petitioner in Criminal Petition No.100673/2019 is accused No.8 invoked Section 438 of Cr.P.C. and Criminal Petition No.100674/2019 is the petition under Section 439 of Cr.P.C. by accused Nos.1, 2 and 7 since they are in custody.

(2.) I have heard the learned counsel appearing for the petitioners and the learned Government Pleader for the respondent-state.

(3.) The factual matrix of the case is that on 11.12.2018, when the complainant was driving the Truck loaded with 173 quintal Maize in the Truck bearing registration No.KA-28/B-7788 towards Jamkhandi through Mundagur near Chinagundi about 9 p.m., some persons came driving a Cruiser and Innova from behind and asked him the way to go to Jamkhandi. Then they drove the vehicle little forward and caused obstruction, stopped his vehicle and got inside the vehicle and assaulted him by closing his eyes and tying with cloth abducted him and snatched the money and mobile and he was confined and thereafter, they also took the lorry loaded with Maize and committed robbery in all worth Rs.5,63,000/-. The said offence is committed by the unknown persons. When accused No.1 was arrested, he revealed about the involvement of the persons who indulged in the crime. The case of the prosecution is that these petitioners were involved in the heinous offence of robbery, cause threat and also sale proceeds were distributed among them.