NAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.5 is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.81/2013 for the offence punishable under Section 395 of IPC.

(2.) The case of the prosecution is that on 21.05.2013 at about 1.15 p.m., the complainant had filed a complaint stating that on 21.5.2013 at around 12.00 to 12.15 p.m., when she was at home, she responded to the sound of calling bell and on enquiry the accused replied that they were Engineers. The complainant opened the door and she found the accused standing outside with a knife and rod and that they pushed her and subsequently, she was assaulted and threatened. Under such threat, it is alleged that the accused took away the gold ornaments of the estimated value of which is stated to be Rs.4.00 lakhs. Subsequently, the accused fled away and the complaint came to be lodged, pursuant to which FIR was registered and after investigation, the charge sheet has been filed.

(3.) It is stated that the petitioner had obtained bail and subsequently had stopped attending the Court in violation of the conditions stipulated in the order granting bail. Meanwhile, the case proceeded as against accused Nos.2, 3 and 4 and eventually the judgment was passed convicting accused Nos.2 and 3, while accused No.4 was acquitted. It is stated that against the said order of conviction, accused Nos.2 and 3 had filed Crl.A.No.1316/2108. The matter has been admitted and accused Nos.2 and 3 have been enlarged on bail after suspension of sentence.