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2022 Supreme(Online)(Kar) 39449

KARNATAKA HIGH COURT - BENCH AT DHARWAD
SRI MARESH S/O NAGAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent


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

- 3 -

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

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