IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 02^ND DAY OF JUNE 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.100622/2021

BETWEEN:

1.

DARSHAN S/O.IRANNA BIJAWAD,

AGE-18 YEARS, OCC-PRIVATE SERVICE,

R/O.SHANTINIKETAN COLONY,

GANGADHAR NAGAR, SETTLEMENT,

HUBBALLI.

2.

SANDEEP S/O.SURESH BELLIGATTI,

AGE-18 YEARS, OCC-PRIVATE SERVICE,

R/O.SHANTINIKETAN COLONY,

GANGADHAR NAGAR, SETTLEMENT,

HUBBALLI.

...PETITIONERS

(BY SRI R.B.CONTRACTOR, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

REPRESENTED BY

KASBAPETH POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD.

... RESPONDENT

(BY SRI RAMESH B.CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C., SEEKING TO GRANT OF ANTICIPATORY BAIL

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TO THE PETITIONERS/ACCUSED NOS.1 AND 2 IN THE

EVENT OF THEIR ARREST BY HUBBALLI KASABAPETH POLICE

AND DIRECTIONS MAY PLEASE BE ISSUED TO KASABAPETH

POLICE TO RELEASE THE PETITIONERS/ACCUSED NOS.1

AND 2 ON BAIL IN HUBBALLI KASABAPETH P.S. CRIME

NO.12/2021 UNDER SECTION 392 READ WITH SECTION 34

OF IPC PENDING ON THE FILE OF THE II ADDITIONAL CIVIL

JUDGE AND JMFC-III COURT, HUBBALLI, IN THE INTEREST

OF JUSTICE AND EQUITY.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

Nos.1 and 2 under Section 438 of the Code of Criminal

Procedure, 1973 (hereinafter referred to as the

‘Cr.P.C.’, for brevity) seeking anticipatory bail in Crime

No.12/2021 registered by Kasabapeth Police Station,

Hubballi for the offence punishable under Section 392

read with Section 34 of the Indian Penal Code

(hereinafter referred to as the ‘IPC’ for brevity).

2.

The case of the prosecution is that one-

Rajaram S/o.Shripatirao Kulkarni working in VRL

Office, Varuru, Hubballi has filed complaint stating

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that on 05.02.2021 after completing his work in office

returning in his car at 6.15 p.m. and when he was

infront of Reliance Market at Gabbur circle, he noticed

his friend Narayan Hunakunte, who was going on his

motorbike, he asked to stop the motorbike and both

of them were talking to each other, at that time, three

persons came infront of his car on a motorbike and

out of them one person came near complainant and

asked him with regard to petrol bunk and the

complainant informed about the petrol bunk situated

nearby and the said person moved to some distance

and came back and asked the complainant to give him

empty bottle and complainant told that he is not

having empty bottle and the said person went towards

his bike and came along with another person and

immediately caught hold the collar of the complainant

by showing knife and said not to make noise and

snatched the golden chain and ran away on the

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motorbike towards Hubballi. In the complaint, it is

stated that the said persons were all dark complexion,

stout body. They also knock down his friend Narayan

friend of the complainant and they were aged about

25 to 28 years old and the motorbike on which they

came who is black color Dio. The said chain is of 7

grams weight, worth about Rs.28,000/-. The said case

came to be registered in Crime No.12/2021 for the

offence punishable under Section 392 read with

Section 34 of IPC against three unknown persons. The

police arrested the petitioners/accused Nos.1 and 2 in

Kasabapeth Police Station Crime No.17/2021 for the

offence punishable under Section 392 read with

Section 34 of IPC and they are taken to police custody

and they voluntarily given statements that they with

one Vishal Bijawad had committed the said offence

and the police have seized the said golden chain and

knife used for the commission of the offence. The

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police had filed application for detaining the accused in

custody by issuing body warrant in Crime No.12/2021.

The