This revision petition is filed under section 102 of the

Juvenile Justice (Care and Protection of Children) Act,

2015, for enlarging the petitioner/CCWL on bail in

J.C.No.17/2022, registered for the offence punishable

under sections 394, 397 and 302 of the Indian Penal Code,

1860, arising out of Hubballi Railway Police Station Crime

No.17/2022, on the file of Juvenile Justice Board,

Dharwad.

The brief factual aspects leading to the case are

that, on 28.02.2022 at 06.00 p.m. the informant has

lodged a complaint in C.G.District Hospital, Davangere,

alleging that on 23.02.2022 at about 00.20 hours he

boarded Belagavi Bengaluru express Train at Hubballi in

order to go to Bengaluru. It is further alleged that he was

traveling in a general couch and 4-5 passengers were

sleeping in that coach.

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3.

It is the further case of the prosecution that

after 15-20 minutes three young boys entered the

compartment, who were speaking in Hindi and Kannada

language and out of them one person i.e., accused No.1

shown knife to the complainant and demanded the

amount. When the informant has refused to give the

amount, the said boy stabbed on his abdomen by the knife

causing bleeding injuries. Then the informant under the

fear handed over Rs.1,300/- cash and Vivo Mobile Phone

worth of Rs.19,800/- to the said person. However the

other passengers have not come to his rescue. When the

train stopped at Yaluvigi Railway Station for crossing, the

said persons got down and went away. When the train

reached

Davanagere

station

at

03.30

a.m.,

the

complainant intimated the Railway Police and they

admitted him to C.J.Hospital, for treatment, and he lodged

the complaint in due course. Subsequently he succumbed

because of the injuries in the hospital.

4.

Initially FIR was registered for the offence

punishable under section 394 of IPC, but subsequently the

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offences under section 302 and 397 of IPC were also

incorporated.

5.

Subsequently the Investigating Officer on the

basis of mobile phone, has apprehended the present

petitioner and other two accused. Since the petitioner was

a juvenile offender, he was kept in a remand home and he

moved a bail petition before the Juvenile Justice Board,

Dharwad, which came to be rejected. He has approached

the learned Sessions Judge by filing an appeal, but the

appeal came to be dismissed. Hence he is before this

Court in this revision petition.

6.

Heard the learned counsel for petitioner and the

learned HCGP for respondent State. Perused the records.

7.

The learned counsel for revision petitioner

would contend that the petitioner is a juvenile offender

and if he is kept in custody, there is every possibility of he

coming in contact with hard core criminals. Further it is

also asserted that there is no specific overtact alleged

against the present petitioner except asserting his

presence and the overtact alleged is against accused No.1

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who is in custody and hence he would seek for admitting

the petitioner on bail, subject to any of the conditions to

be imposed by this Court.

8.

Per contra, the learned HCGP would seriously

oppose the bail petition and invite attention of the Court to

the statement of CW.9 and contend that if the petitioner is

enlarged on bail, there is every possibility of petitioner

indulging in similar offences and sought for rejection of the

bail petition.

9.

Having heard the arguments and on perusing

the records it is evident that the said offence is said to

have been committed on 23.02.2022, the complaint was

lodged

on

28.02.2022

and

subsequently

the

injured/informant succumbed because of the injuries. The

offence is said to have been committed in general coach of

a running train bearing No.20654, Belagavi-Bengaluru

express, in between Kundagol and Yaluvigi Railway

Stations.

The

records

further

disclose

that

the

investigation is concluded and charge sheet has been laid

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down for the offence punishable under sections 394, 302

and 397 read with section 34 of IPC.

10. On a perusal of th