This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner/accused in Crime No.70/2021 of

Vidyaranyapuram Police Station, Mysuru City, for the offence

punishable under Sections 114, 115, 120(B), 216(A), 342, 394,

396, 399 and 449 of IPC and Sections 25, 23(1B) and 27(1) of

Indian Arms Act, 1959.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that the accused No.1 originally is a resident of Pashchima

Bangala and he was residing at Mumbai and accused No.2 is a

relative of Jhangir Alam Adbul Malik Shaik and he was addicted

to bad vices. The accused No.1 along with accused Nos.2, 3, 4,

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5 and 6, with an intention to commit dacoity at Amrutha Gold

and Silver Palace went to Bombay, wherein accused No.1 was

staying and conspired with him and made preparation to commit

dacoity at Neelakanta Jewelry Shop and trespassed the same

and made an attempt. The accused Nos.2, 3, 4 and 5 also

joined hands with the other accused to commit dacoity at

Amrutha Gold and Silver Palace and accused No.12 fisted on

C.W.1 and caused grievous injury and prevented him not to

proceed further. The accused No.4, who brought the rope

confined him and committed dacoity and took bangles in the bag

and the same was done with the assistance of accused No.2 and

accused No.3 was having pistol and live cartridges and shot the

person, who was standing outside the jewelry shop and made an

attempt to take away the life and accused No.1 shared the

subject matter of dacoity i.e., gold ornaments and cash, while

going to Hubli in National Travels Bus. The accused Nos.2, 3 and

5 went to Diva East Apartment and handed over cloth to accused

No.5 and accused Nos.2 and 5 sold the same to C.W.49 and

amount was transferred to their relatives and also to his wife

account and planned to go to Mumbai in a flight and accused

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No.1 also transferred the amount to relatives and stayed in Om

Sai Grand Lodge. It is an allegation against this petitioner that

he had also joined hands with accused Nos.1 to 5 and stayed in

Om Sai Grand Lodge and CCTV footage is collected that they

were making preparation to commit dacoity in the Neelakanta

Jewelry shop. That on 28.08.2021, made preparation to commit

dacoity at Neelakanta Jewelry Shop and accused No.1 along with

accused Nos.2, 3, 4 and this petitioner went in an auto rickshaw

belonging to C.W.134 and examined C.W.16, to whom the

Neelakanta Jewelry Shop belongs and went inside his shop along

with accused No.4 and when they failed to commit the offence at

Neelakanta Jewelry Shop, went in an auto rickshaw belonging to

C.W.19. That on 22.08.2021, in Ajantha Palace Lodge, accused

No.1 along with accused Nos.2, 3, 4 and this petitioner gave

instructions and role of each of the accused. In the CCTV

footage of Amrutha Gold and Silver Palace, the same was

recorded and accused No.1 fired the injured victim, Chandru and

an attempt was made to take away his life and the same is also

recorded in the CCTV-DVR. The specific allegation against this

petitioner is that he is the resident of Rajasthan and accused

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No.9 was friend of him from last 10 to 12 years and a case was

registered in Crime No.122/2007 for the offence under Sections

399 and 402 of IPC and from 2017 to 2020, he was in Jail and

came in contact with accused Nos.2 and 3. This petitioner was

having the knowledge that accused No.2 was having pistol and

cartridges and he returned to his native place on 18.08.2021 and

accused No.9 got transferred the amount by way of phone-pe

through C.W.10 and he was having contact with accused Nos.2,

3 and 9 after he had been to his native place. He identified the

place for dacoity along with accused No.9 and accused No.6 was

identified by Om Sai Grand Lodge Manager and Room Boy and

Test Identification Parade was also conducted and apart from

that, auto driver has also identified