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KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SYED ABUALI @ KODI – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 389/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2021
BEFORE
THE HON9BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.389 OF 2021
AND
CRIMINAL PETITION No.415 OF 2021
IN CRL.P.No.389/2021
BETWEEN
1.
SYED ABUALI @ KODI
S/O. MOHAMMED ALI,
AGED ABOUT 35 YEARS,
RESIDENT OF GANGANAGAR,
NEAR K.C. NARAYANA SCHOOL,
GUNTHAKAL TOWN,
ANNATHPUR DISTRICT,
ANDRA PRADESH - 515 801.
2.
SAJJAD ALI @ ANDA @ SAJJAD BABA AZEEZ ALI
AGED ABOUT 33 YEARS,
RESIDENT OF BEHIND PADMAVATHI HOSPITAL,
GANGANAGAR, GUNTHAKAL TOWN,
ANNATHPUR DISTRICT,
ANDRA PRADESH 3 515 801.
3.
SHIYA RANI @ RANI
W/O. ABBAS ALI @ KHALQ,
AGED ABOUT 33 YEARS,
RESIDENT OF BEHIND
PADMAVATHI HOSPITAL,
GANGANAGAR, GUNTHAKAL TOWN,
ANNATHPUR DISTRICT,
ANDRA PRADESH 3 515 801.
& PETITIONERS
(BY SRI RAMACHANDRA A., ADVOCATE)
2
AND
STATE OF KARNATAKA
HIRIYUR TOWN POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
VEEDANA VEEDI,
BANGALORE 3 560 001.
& RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN CRIME No.134/2019, OF HIRIYUR TOWN
POLICE STATION, CHITRADURGA DISTRICT FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 392 AND 413 OF IPC.
IN CRL.P.No.415/2021
BETWEEN
1.
SYED ABUALI @ KODI
S/O. MOHAMMED ALI,
AGED ABOUT 35 YEARS,
RESIDENT OF GANGANAGAR,
NEAR K.C. NARAYANA SCHOOL,
GUNTHAKAL TOWN,
ANNATHPUR DISTRICT,
ANDRA PRADESH - 515 801.
2.
SAJJAD ALI @ ANDA @ SAJJAD BABA AZEEZ ALI
AGED ABOUT 33 YEARS,
RESIDENT OF BEHIND PADMAVATHI HOSPITAL,
GANGANAGAR, GUNTHAKAL TOWN,
ANNATHPUR DISTRICT,
ANDRA PRADESH 3 515 801.
3.
SHIYA RANI @ RANI
W/O. ABBAS ALI @ KHALQ,
AGED ABOUT 33 YEARS,
RESIDENT OF BEHIND
PADMAVATHI HOSPITAL,
3
GANGANAGAR, GUNTHAKAL TOWN,
ANNATHPUR DISTRICT,
ANDRA PRADESH 3 515 801.
& PETITIONERS
(BY SRI RAMACHANDRA A., ADVOCATE)
AND
STATE OF KARNATAKA
HIRIYUR TOWN POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
VEEDANA VEEDI,
BANGALORE 3 560 001.
& RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN CRIME No.67/2019 OF HIRIYUR TOWN
POLICE STATION, CHITRADURGA DISTRICT FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 392 AND 413 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Criminal
Petition
No.389/2021
is
filed
by
the
petitioners-accused Nos.1 to 3 under Section 439 of Cr.P.C.
for
granting
regular
bail
in
Crime
No.134/2019
(C.C.No.1253/2020) registered by the Hiriyur Town Police
Station for the offences punishable under Section 392, 413 of
IPC.
4
Criminal Petition No.415/2021 is also filed by the
petitioners-accused Nos.1 to 3 under Section 439 of Cr.P.C.
for
granting
regular
bail
in
Crime
No.67/2019
(C.C.No.1256/2020) registered by Hiriyur Town Police for the
offences punishable under Sections 392 and 413 of IPC.
2.
The case of the prosecution in Criminal Petition
No.389/2021 is that a complaint was filed by one Vanajakshi
on 06.07.2019 alleging that when she was walking alone,
two persons came in a motor bike and snatched away the
Mangalya chain weighing 48 grams and ran away. In
Criminal Petition No.415/2021, the complaint was filed by
one Hemavathi before the Police on 14.04.2019, the Police
registered a case against unknown persons in Crime
No.67/2019 for having snatched away 35 grams of gold chain
under the guise of asking for address. After registering the
case against unknown persons, during the investigation, the
Police arrested the petitioners on 17.08.2019 and remanded
them to judicial custody. Their bail petitions came to be
5
rejected by the Sessions Judge. Hence, the petitioners are
before this Court.
3.
Learned counsel for
