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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.1301/2021

BETWEEN:

WASEEM HYDER @

WASIM S/O SYED INAYATH,

AGED ABOUT 26 YEARS,

R/AT #46/A, 5^TH CROSS,

II MAIN, BAPUJINAGARA,

BENGALURU 3 560 026.

(IN JUDICIAL CUSTODY) &PETITIONER

(BY SRI.RAMESHA H N, ADVOCATE FOR

SRI. VEERANNA G TIGADI, ADVOCATE)

AND:

STATE OF KARNATAKA BY

HIRIYUR RURAL POLICE STATION

CHITRADURGA DISTRICT 3 577 599.

REP.BY GOVERNMENT PLEADER

HIGH COURT OF KARNATAKA,

BENGALURU 3 560 001.

&RESPONDENT

(BY SRI.K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE

PETITIONER PRAYING THAT THIS HON9BLE COURT MAY

BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.348/2018(C.C.NO.693/2019)

OF

HIRIYUR

RURAL

P.S.,

CHITRADURGA

DISTRICT

FOR

THE

OFFENCE P/U/S 395 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR

ORDERS, THIS DAY THROUGH PHYSICAL HEARING,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by the petitioner/accused

No.6 under Section 439 of Cr.P.C., for granting regular

bail in Crime No.348/2018 registered by Hiriyuru Rural

Police for the offence punishable under Section 395 of

Indian Penal Code.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State.

3.

The case of the prosecution is that one

Ranganatha filed a complaint on 3.10.2018 alleging

that he was working as a cashier in HP Petrol Bunk,

near K.R. Hally, Hiriyuru Taluk on night duty between

10.00 p.m. and 2.00 p.m., and thereafter he went to

sleep and one Rajashekar was looking after the petrol

bunk duty. At that time, at about 3.10 a.m., a Swift

car came for filing diesel and the inmates of the car by

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showing the weapons, robbed the cash from the

complainant and also from the treasury for about

Rs.1,48,000/- and cash of Rs.5,000/- from CW.1,

Rs.8,000/-

from

CW.2,

Rs.3,000/-

from

CW.4,

Rs.30,000/- from CW.5 and cell phone. After

registering the case against unknown persons, during

the investigation, it is revealed that the petitioner and

accused persons were arrested by Bidadi police in

Crime No.363/2018 for the offence punishable under

Section 395 of Indian Penal Code on 23.12.2018 and

thereafter, the presence of the petitioner was secured

under body warrant.

4.

Upon hearing the arguments of learned

counsel for the petitioner and the learned HCGP and on

perusal of the records, it shows that no doubt some

unknown persons came and committed dacoity in the

petrol bunk and after arrest, absolutely there is no

recovery shown in the case with regard to the money

robbed from the petrol bunk though some of the

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weapons were seized by the police but absolutely there

is no money seized in this case. The co-accused No.5

is

already

granted

bail

by

this

court

in

Crl.P.No.3687/2020 on 2.9.2020. The only objection

from the prosecution is that he is involved in similar

eleven cases. The learned counsel submits that he has

been granted bail in all nine cases except two cases.

Learned counsel submits that there is no test

identification parade conducted by the police for

identifying the accused persons who is stated to have

committed the offence. Therefore, looking to the facts

and circumstances of the case, the petitioner is in

custody for almost two years. Therefore, without

expressing any opinion on the merits of the case and

by

imposing

certain

conditions,

if

the

petitioner/accused No.6 is granted bail, no prejudice

would be caused to the case of the prosecution. Hence,

I pass the following:

ORDER

The criminal petition is allowed.

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The trial Court is directed to release the

petitioner/accused No.6 on bail in Crime No.348/2018

registered by Hiriyuru Rural Police for the offences

punishable under Section 395