IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.627 OF 2019 BETWEEN:
Prabhu, S/o Kalaiah, Aged about 25 years, R/at Sriramanahalli Village, H.D.Kote Taluk, Mysore District – 571 114. …Petitioner (By Sri Ningaraja M.N., Advocate) AND:
State by Dudda Police Station, Hassan District.
By its State Public Prosecutor, High Court Complex, Bangalore – 560 001. …Respondent (By Sri.Rohith B.J., HCGP) This Criminal Petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.170/2014 of Dudda Police Station, Hassan For the offence P/U/S 384, 397, 392 and 506 of IPC and 25(1)(A) of Arms Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. Brief facts of the case are that on 19.10.2014, accused Nios.1 to 3 came to the house of C.W.1 with an intention to commit robbery. The petitioner-accused No.3 was standing outside the house watching the movement of others. At that time, accused Nos.1 and 2 went inside the house of the complainant with one artificial pistol and the knife, and threatened the complainant and C.W.2, and robbed the gold ornaments from them. They also taken DBBL rifle from the house of C.W.1 along with the Samsung mobile and other articles worth Rs.1,40,000/-. On the basis of the said allegations, the police have investigated the matter and filed the charge sheet for the offences punishable under Sections 384, 397, 392 and 506 of IPC and Section 25(1)(A) of Arms Act.
3. Accused Nos.1 and 2 appeared to have been arrested by the police and some recoveries were made from them. The complaint discloses that the petitioner was standing outside the house. If there is any recovery at the instance of the petitioner, it has to be done by way of custodial investigation. At this stage, in my opinion, the petitioner is not entitled to be enlarged on bail, particularly anticipatory bail. Therefore, the petition is devoid of merits and it is dismissed.
If the petitioner files an application for regular bail, the same shall be disposed of as expeditiously as possible by the concerned Court.
Sd/-
JUDGE Cs CT:SN