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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101067 OF 2021

BETWEEN

SHEKHAR S/O OBALESU

AGE 32 YEARS,OCC AGRICULTURE,

R/O CHILAKALA GURKI VILLAGE,

VIDAPANAKAL MANDALAM-515870,

ANANTPUR DISTRICT,ANDRA PRADESH.

...PETITIONER

(BY SRI.S.S.BETURMATH, ADV.)

AND

THE STATE OF KARNATAKA

THROUGH TOWN POLICE STATION,

HOSAPETE,REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD-580011.

&RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., PRAYING TO ALLOW THE CRIMINAL PETITION

AND ENLARGE THE PETITIONER / ACCUSED NO.13 ON

REGULAR BAIL IN CONNECTION WITH HOSAPETE TOWN

P.S.

CRIME

NO.21/2021

REGISTERED

FOR

THE

OFFENCES PUNISHABLE UNDER SECTION 399 AND 402

OF IPC, ON THE FILE OF PRL. SENIOR CIVIL JUDGE

AND JMFC, HOSAPETE.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by petitioner/accused No.13

under Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9, for

brevity) seeking bail in Crime No.21/2021 of Hosapete

Town Police Station for the offences punishable under

Section 399 and 402 of The Indian Penal Code

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

2.

It is the case of the prosecution that One

Kodandapani, A.S.I., Town Police Station, Hosapete

has lodged complaint stating that on 24.02.2021, he

received credible information that notorious dacoit

named Saddam and his gang moved in and around

Hosapete Town and tracking houses to commit

dacoity. The said complaint is registered in Crime

No.21/2021

for

the

offences

punishable

under

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Sections 399 and 402 of IPC. Directions were issued

starting intense patrolling and searching the vehicles

by senior Police Officers. During such event, on

25.02.2021 when the complainant along with his staff

was searching the vehicles at about 3.30 p.m. one

Innova Car came and after observing the Police,

inmates of the said car ran away and Police chase

some of them and able to secure the accused Nos.1 to

6 and the vehicle containing the weapons. Based on

the voluntary statements of the stated inmates of the

car, the Police secured other accused persons namely

accused Nos.7 to 11 in i-10 car from Ballari road circle

near MTB petrol pump at 5.45 a.m. The accused

Nos.12 and 13 were secured from Haripriya lodge

room No.406 at 12.15 noon and the main person

Saddam @ Saddam Hussain who was in Innova Car

ran away. The Police seized the said two vehicles and

weapons namely steel rods, chilly powder packets,

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plasters, monkey caps, torch, hand glouse, nylon wire,

knifes and mobile phones from the accused. The

arrested

accuseds

were

produced

before

the

jurisdictional Magistrate and they were remanded to

judicial custody. The petitioner/accused No.13 has

filed Crl.Misc.No.5115/2021 and the same is rejected

by III Addl. District and Sessions Judge, Ballari

(Sitting at Hosapete) by order dated 17.04.2021.

Therefore, petitioner/accused No.13 is before this

Court seeking bail.

3.

Heard the learned counsel appearing for

the petitioner/accused No.13 and the learned High

Court Government Pleader for the respondent-State.

4.

Learned counsel appearing for accused

No.13 has contended that accused No.13 was not

there on the spot and he has been arrested from room

No.406 of Haripriya Lodge in Hosapete and he is

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resident of Ananthpur District in Andrapradesh. He

further contended that nothing has been sized from

the possession of petitioner/accused No.13. It is his

further submission that the petitioner is innocent and

he has been falsely implicated in the case. It is his

further submission that charge sheet has been filed

and petitioner is not required for any custodial

interrogation. W