Manjunatha @ Manja vs The State of Karnataka

H.S. Kempanna, J.—The petitioner, who is now arrayed as A2 in Crime No. 326/2013 on the file of the respondent-police registered for the offence u/s 397 of IPC, is before this Court praying for enlarging him on regular bail. The respondent-police registered the above case initially against four unknown persons on the complaint of one Gopinatha, an employee of State Bank of Mysore situated at Chandra layout and took up investigation. It is alleged, on 14.08.2013, at about 4.00 p.m. when the bank officials had gone near the ATM in order to fill up cash, at that juncture four unknown persons, who had come in two motorcycles, suddenly entered the ATM, assaulted one Chandra Shekar with knife on his hand and at the knife point they took away cash of Rs. 13,31,000/-. The police, during the investigation have arrested this petitioner on 21.08.2013 and since then he is in custody.

Learned counsel for the petitioner submits, the petitioner has no nexus with the alleged dacoity that has taken place near the ATM of State Bank of Mysore located at Chandra Layout. He has been falsely implicated in the case. No recovery has been made at his instance. He is in custody since 21.08.2013. Hence, he be released on bail.

Learned HCGP vehemently opposed the application filed by the petitioner. The allegations against this petitioner and three others is that they have committed dacoity when the bank officials were filling the cash to their ATM counter situated at Chandra Layout. The amount of cash that has been taken away by the culprits is Rs. 3,31,000/-. The investigation is still pending. The other accused who are involved in the case are yet to be traced. In that view of the matter, in my view, it is not a fit case to grant the relief sought for by the petitioner. Accordingly, there is no merit in the petition and it is dismissed.