YOUNUS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed under section 439 of Cr.P.C. seeking to enlarge the petitioners on bail in crime No.175/2018 of Hallikhed Police Station pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC Court at Humnabad, Bidar District for the offences punishable under sections 394, 397, 342 read with section 34 of IPC.

(2.) It is the case of the prosecution that the driver of the lorry filed a complaint on 24.09.2018. He has alleged in the complaint that on 24.09.2018 while he was going to Basavaprasad Dal Mill, Humnabad by loading Toor in his lorry from State warehouse Bellur and at about 9.00 p.m. when he was near Kabirabad Bidar-Humnabad road, at that time, accused persons came in a white color car and overtook his lorry and stopped their car and thereafter three persons got down from the car and entered into the cabin of the lorry and abused the complainant in filthy language, and threatened to stop the lorry by showing knife, assaulted on cheeks and snatched cash of Rs.350/- and one mobile worth Rs.500/- and also took the key of the said lorry. Thereafter, all the three accused persons have given life threat to the complainant. They got down with the complainant and took him to forest land, where pant, shirt and baniyan of the complainant were removed and tied his legs with pant and both the hands were tied with shirt and baniyan was pressed into his mouth thereafter all of them took the loaded lorry towards Humnabad. Then some persons came there and freed the complainant. Thereafter the complainant went to the police station and lodged the complaint, on the basis of which a case in crime No.175/2018 was registered against unknown persons.

(3.) It is stated that in the course of investigation, the respondent police have arrested accused Nos.2 and 3, the petitioners herein on 08.10.2018 and since then they are in judicial custody. They filed bail petition before the II Additional District and Sessions Judge, Bidar sitting at Humnabad which was dismissed on 07.12.2018. The petitioners have stated that they are innocent of the allegations made against them. They have nothing to do with the alleged offence. There is no material in the FIR to show that the car seized by the respondent police, was involved in the offence and also petitioners have committed the alleged offence. They are from respectable families and permanent residents of Yankur village, taluka Bhalki and they own movable and immovable properties. They are ready to furnish surety and abide by the conditions, which may be imposed by the Court.