SHAHIDBEG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. by the petitioner/accused No.3 seeking anticipatory bail in the event of his arrest in Crime No.72/2019 of Shirahatti Police Station for the offence punishable under Section 395 of IPC.

(2.) The facts briefly stated are that on the complaint filed by a cleaner of the lorry by name Abdul Gafar, the respondent police have registered the case. The allegations are that on 16.06.2019 afternoon, they left along with vehicle loaded with areca nut bags from Shivamogga to Delhi. When they were near Magadi village, night at about 8 p.m., two cars overtook their lorry and gave signal to stop the vehicle. Thereafter, they picked-up quarrel with them and forcibly took them in their cars towards Laxmeshwar. Their eyes were closed and hands were tied. Later on 17.06.2019, they were left near their lorry but the areca nut bags were not found in the said lorry. The accused have also snatched the mobile phones and also concerned RTO documents of the lorry. On registering the case, the police have taken up investigation and they are also making attempts to arrest the petitioner. The bail petition filed by this petitioner before the Sessions Court was rejected.

(3.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State, perused the prosecution records available at this stage.