( 1 ) THE petition filed under Section 439 Cr. P. C. for grant of bail. The petitioner along with other accused is charge sheeted for committing offence punishable under Sections 399 and 400 IPC in S. C. No. 504/2002 on the file of the Addl. City Civil and Sessions Judge, Bangalore. According to the prosecution case, on 07. 07. 2002 at 8. 00 p. m. the Inspector of Upparpet Police Station receives a credible information about the attempt to commit robbery of the passengers by certain persons in Tulasi Park area. Accordingly the Inspector with his staff goes to the scene. He finds 8 to 10 persons holding deadly weapons and they were discussing the plan for robbery of the passengers of the bus. The petitioner is one of them. The accused persons are apprehended and the deadly weapons are recovered.

( 2 ) SRI V. Y. Kumar, HCGP filed objections and opposes the bail petition.

( 3 ) THE police officials who go for investigation are not merely the investigating officers in the case but they are also witnesses to the incident. In that view of the matter, the prosecution has placed, prima facie, material about the complicity of the petitioner and other accused in commission of the aforesaid o

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