ORAL ORDER

The petitioner – accused No.3 is before this Court calling in question proceedings in C.C.No.29538/2017, pending before the XXXI Additional Chief Judicial Magistrate, Bengaluru, for he offences under Sections 399 and 402 of the IPC , which is a split up case from the main C.C.No.3706/2017, registered for the aforesaid offences.

2. Heard Sri Lohith Kumar N.S., learned counsel for petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondents.

3. Facts in brief, germane, are as follows:

The petitioner – accused No.3 along with several others get embroiled in a crime in Crime No.693/2016 for the offences punishable under Sections 399 and 402 of the IPC , which are ‘making preparation for dacoity’ and ‘assembling for dacoity’. The police after investigation, file a charge sheet in C.C.No.3706/2017 and the matter gets committed to the Court of Sessions in S.C.No.1631/2017. The concerned Court after a detailed trial, acquits accused Nos.5 and 6 of the crime and splits the cha