Criminal Petition No.103162/2022 is filed by

accused No.7 under Section 438 of The Code of

Criminal Procedure, 1973 (hereinafter referred to as

the 8Cr.P.C.9, for brevity) seeking anticipatory bail

and Criminal Petition No.103163/2022 is filed by

accused No.9 under Section 439 of Cr.P.C. seeking

bail. Both the petitions are filed in respect of

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Betageri Police Station Crime No.67/2009 registered

for the offences punishable under Sections 395 and

397 read with Section 149 of The Indian Penal Code

(hereinafter referred to as the 8IPC9, for brevity)

pending in CC No.1491/2019.

2.

The case of the prosecution is that, one

Anand, s/o Thippanna Asoot, has lodged the

complaint on 16.11.2009 when he was admitted in

the District Hospital, Gadag, stating that he is

working as a cashier in L.S. Parvatgoudar petrol

bunk situated at Gadag-Betageri road and in the

said

petrol

bunk

(i)Mahammad

Rafiq

Allasab

Naduvina Mani (ii) Huchchasab Thippasab Allakeri

were working as helpers and one Shivappa Yallappa

was working as night watchman. It is further stated

that on 15.11.2009, after completing their work,

they slept in the petrol bunk keeping cash of

Rs.2,000/- in the pant pocket. When he was

sleeping, he felt some assault on his chin and when

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he got up there were persons around him and they

snatched cash of Rs.2,000/- from his pant pocket

and they dragged him and put him in toilet situated

behind the petrol bunk and took keys of petrol bunk

and he latched the toilet door from inside with fear

of assault and he screamed and at that time, his

assistant and watchman and other persons residing

near Kamal hotel came shouting and the said

persons were 5 in numbers who were aged 20-25

years

and

his

Nokia

mobile

phone

set,

worth

Rs.1,500/-, was also snatched. He sustained injury

on his chin and lips and the said incident occurred at

2:00am on 16.11.209. The Police after investigation

filed charge sheet against 14 accused persons. A

case came to be registered against accused Nos.1 to

5 in SC No.37/20011 against accused No.12 in SC

No.19/2013

and

against

accused

No.14

in

SC

No.45/2013. The said 3 cases came to be disposed

off and the accused involved in the aforesaid cases

are acquitted. As accused Nos.7 to 9 and 13 were

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absconding, split up charge sheet came to be filed

against them and a case came to be registered in CC

No.1491/2019. The petitioner in Criminal Petition

No.103162/2022 i.e. accused No.7 apprehending his

arrest has filed Criminal Miscellaneous No.326/2022

seeking anticipatory bail and the same came to be

rejected

by

the

learned

Principal

District

and

Sessions Judge, Gadag, by order dated 01.10.2022.

accused No.9 who was in custody in another case

i.e. in Kukanoor PS Crime No.105/2019 came to be

secured under body warrant and he is in judicial

custody

since

30.08.2022.

Accused

No.9

filed

Criminal Miscellaneous No.327/2022 seeking bail and

the same came to be rejected by the learned

Principal District and Sessions Judge, Gadag, dated

01.10.2022. Therefore, accused Nos.7 and 9 are

before this Court seeking anticipatory bail and bail

respectively.

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3.

Heard

the

arguments

of

the

learned

counsel appearing for the petitioners and the learned

High Court Government Pleader for the respondent-

State.

4.

The learned counsel for the petitioners

would contend that the complaint came to be

registered

against

unknown

persons

and

subsequently charge sheet has been filed against 15

accused persons. It is his further submission that

split up case is registered against these petitioners

i.e. accused Nos.7 and 9 in CC No.1491/2019. The

case registered against other accused i.e. accused

Nos.1 to 5, 12 and 14 have been disposed off and

they are acquitted. It is his further submission that

no test identification parade has been conducted. It

is his further submission that no serious overt acts

are alleged and the accusation levelled against the

petitioners is that they along with other accused i.e.

accused Nos.6, 8,