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1 in the HIGH COURT of KARNATAKA at BANGALORE DATED THIS the 3Rd DAY of DECEMBER 2013 BEFORE the HON'ble MR.JUSTICE H.S. KEMP

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1 in the HIGH COURT of KARNATAKA at BANGALORE DATED THIS the 3Rd DAY of DECEMBER 2013 BEFORE the HON'ble MR.JUSTICE H.S. KEMP 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3rd DAY OF DECEMBER 2013 BEFORE THE HON’BLE MR.JUSTICE H.S. KEMPANNA CRIMINAL PETITION NO.6678/2013 BETWEEN: A. GIRISH S/O ANAND AGED ABOUT 19 YEARS R/AT BESIDE RAMA THEATER RAMANAGARA PRESENTLY R/AT VENKATAGIRIYAPPA HOUSE, KUMBALGODU, KENGERI HOBLI, BENGALURU SOUTH TALUK BENGALURU … PETITIONER (BY SRI. T.SATEESHA, ADV.,) AND: STATE OF KARNATAKA BY KUMBALGODU POLICE STATION RAMANAGARA DISTRICT REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU-560 001. ... RESPONDENT (BY SRI. B.VISWESWARAIAH, HCGP) 2 THIS PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.254/13 OF KUMBALGUDU P.S., RAMANAGARA, AND IN C.C.NO.6899/13 ON THE FILE OF THE CJM, BANGALORE RURAL DISTRICT, BANGALORE, FOR THE OFFENCES P/U/S 399 AND 402 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER The petitioner, who is arrayed as A.3 in C.C.No.6899/2013 on the file of CJM, Bangalore Rural District, Bangalore, registered for the offences under sections 399 and 402 of IPC, is before this Court praying for releasing him on bail. 2. It is the case of the prosecution, on 23.8.2013 the complainant – Police Officer on receipt of a credible information apprehended this petitioner and four others near Byrohalli cross situated on Kengeri-Tavarekere road along with his staff when they were in a Honda City car. At that time, the petitioner and others were found armed with airgun, chopper, knife, hockey stick, chilly 3 powder and hand glouse. They were at the said place in order to commit extortion, robbery and dacoity of the persons moving in and around at the said place. Further it was noticed that the car in which they were found had been taken by the accused in the case from a person near Bidadi and had changed the number plate of the said car. 3. Learned counsel for the petitioner contends, the petitioner is in custody since 23.8.2013. According to him, the recovery that has been made from the possession of the petitioner is only a hockey stick. He has been falsely involved in the case. As the final report has been filed, the petitioner be released on bail. 4. Per contra, learned High Court Government Pleader opposing the application filed by the petitioner contends, the petitioner is involved in three more cases of similar nature. He further 4 submits, since the petitioner is found with the other accused at the said place armed with deadly weapons that too in a car which they had taken from some other person at Bidadi, in the circumstances, he is not entitled to be released on bail. 5. The allegations in the first information reveal, this petitioner along with four others were found in a car which had been taken by them from a person at Bidadi, armed with deadly weapons. They were found at the said place in order to commit the offence of extortion, robbery and dacoity. That is fortified from the fact that the car in which they were found had been taken by them from a person at Bidadi. As this petitioner according to the High Court Government Pleader is involved in three more cases, it is not a fit case to release him 5 on bail. Accordingly, there is no merit in the petition and it is dismissed. Sd/- JUDGE SA .
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