This petition is filed by accused No.3 under

Section 438 of The Code of Criminal Procedure,

1973 (hereinafter referred to as 8Cr.P.C.9, for

brevity)

seeking

anticipatory

bail

in

Crime

No.159/2021

of

Thoranagal

Police

Station

registered for the offence punishable under Section

379 of Indian Penal Code, 1860, (hereinafter

referred to as 8I.P.C.9, for brevity).

2.

The case of the prosecution is that, one

K. Rafiq S/o Yusuf Sab has filed a complaint

stating that his elder brother K. Khaza S/o Yusuf

Sab was working in Jindal Factory on contract

basis

and

he

is

owning

a

bike

bearing

Reg.No.KA.35/L.4436 and he uses the same to

commute to the Jindal Factory. It is further stated

that 1 ½ years ago, his brother had parked the

said vehicle at Thorangal Jindal Old Gate near a

shop at night hours and it was stolen during night.

- 3 -

His brother searched for his missing bike and did

not find it. Few days later, his elder brother fell ill

due to jaundice and he breathed his last. The

complainant did not find the documents related to

the missing bike and therefore, he did not lodge

any complaint about the missing bike. It is further

stated that about 3 months prior to the filing of

the complaint