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.

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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, he came to know that his brother9s

stolen bike was found by Koppal Town Police

Station from the possession of Manjunath @ Manju

S/o

Parsuram

(accused

No.1)

and

Sanna

Basavanagowda (accused No.2), who alleged to

have stolen the bike and it has been seized by the

Koppal Town Police Station and was sent to

Thorangal Police Station and he came to know the

same through Thorangal Police. Thereafter, after

three months, he filed complaint which came to be

registered in Crime No.159/2021 of Thoranagal

Police Station for the offence punishable under

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Section

379

of

IPC.

During

the

course

of

investigation, the police arrested accused Nos.1

and 2 and recorded their voluntary statements

wherein

they

reveal

theft

of

the

bike

of

complainant9s brother and sale of the same to the

petitioner/accused

No.3

for

Rs.20,000/-

and

sharing of the amount among them and also theft

of other two wheelers on different date and time.

The petitioner/accused No.3 was secured by the

Thoranagal Police and his voluntary statement has

been

recorded.

The

police

after

completing

investigation filed charge-sheet against accused

Nos.1 to 3 for the offence punishable under

Section 379 of IPC. The petitioner who is arrayed

as accused No.3 apprehending his arrest filed

Criminal

Miscellaneous

No.721/2022

seeking

anticipatory bail and the same came o be rejected

by learned Principal District and Sessions Judge,

Ballari by order dated 13.09.2022. Therefore, the

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petitioner/accused

No.3

is

before

this

Court

seeking bail.

3.

Heard the arguments of learned counsel

appearing for the petitioner and learned High Court

Government Pleader for respondent/State.

4.

Learned counsel for the petitioner would

contend that, there is a delay in filing the

complaint. The offence under Section 379 of IPC is

not attracted against this petitioner/accused No.3.

The

accusation

against

this

petitioner/accused

No.3 is that, he has purchased the stolen bike

from accused Nos.1 and 2. It is her further

submission

that,

charge

sheet

is

filed

and

therefore,

the

petitioner

is

not

required

for

custodial interrogation. It is his further submission

that the stolen bike has been recovered from this

petitioner under Mahazar and he is ready to

cooperate

with

the

police

officer

in

the

- 6 -

investigation. With this, he prayed to allow the

petition.

5.

Per

contra,

learned

High

Court

Government Pleader for respondent/State would

contend that, the voluntary statement of this

petitioner/accused No.3 has been recorded which

reveal that knowingly this petitioner has purchased

the stolen bike. The said bike has been seized at

the instance of this petitioner/accused No.3 under

Mahazar. It is his further submission that the

charge-sheet

material

shows

prima-facie

case

against the petitioner for the offence alleged

against

him.