1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.1295/2021

BETWEEN:

UDAYA K

S/O KESHAVAMURTHY,

AGED ABOUT 20 YEARS,

R/A R CHIKKANAHALLI,

DODDABASTHI, KENGERI HOBLI,

BENGALURU SOUTH TALUK,

BENGALURU.

& PETITIONER

(BY SRI SUHAS T L, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY BHARAMASAGARA POLICE STATION,

REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT COMPLEX,

BENGALURU-560001.

& 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.327/2018

(C.C.NO.7/2020)

OF

BHARAMASAGARA P.S., CHITRADURGA DISTRICT FOR

THE OFFENCE P/U/S 395, 342 OF IPC.

2

THIS CRIMINAL PETITION COMING ON FOR

ORDERS, THIS DAY THROUGH VIDEO CONFERENCING,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by the petitioner/accused

No.3 under Section 439 of Cr.P.C., for granting bail in

Crime No.327/2018 registered by Bharamasagara

police, Chitradurga district, for the offences punishable

under Sections 395 and 342 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 on the

complaint of one Sri.Harish, filed a complaint to the

police on 11.12.2018 alleging that he is working as an

employee in a petrol bunk, Sirigere circle, Lakshmi

Agency.

On

10.12.2018

at

midnight,

himself,

Subramanya and Sunil stepped into the petrol bunk.

While closing petrol bunk, at about 2.00 a.m. at night,

a person came and took petrol for Rs.50/- in a bottle,

3

again at 3.00 a.m., a person came and knocked the

door and asked to fill the diesel to the Swift Car,

accordingly, when he went out from the room before

pouring the petrol by taking diesel gun, the accused

person caught hold of him and snatched Rs.19,000/-

from his pocket and went inside the petrol bunk where

in a room, the other two persons were present. They

also robbed Rs.1,78,000/- from the cash drawer and

also they snatched mobile phone from Ramesh,

Subramanya and Sunil. They also have taken the

mobile phone and three gram gold ring worth

Rs.8,000/- and fled away by detaining them in the

room. Thereafter, the case was registered and the

police arrested accused No.1 and recovered the entire

amount from accused No.1 and under the voluntary

statement, this petitioner is said to be arrested on

28.12.2018 and was remanded to Judicial Custody.

4.

Upon hearing the arguments of learned

counsel for the petitioner and the learned HCGP and on

4

perusal of the records, it reveals that the case was

registered against five unknown persons and after

arrest of accused No.1, the property has been

recovered from accused No.1 under the voluntary

statement of accused No.1, name of this petitioner was

implicated by the police and there is no recovery from

him. The learned HCGP has also not placed any

material to show that during the investigation, police

had conducted any Test Identification Parade to

connect the accused No.3 to the crime and also there is

no recovery from this petitioner to connect with the

crime. Only on the basis of the voluntary statement of

the co-accused, this petitioner is arrested and nothing

has been recovered from him. The petitioner is in

custody for more than two and half years, he is said to

be

an

ITI

student

and

permanent

resident

of

Bangalore. The investigation is completed and charge

sheet is filed. Therefore, without expressing any

opinion on the merits of the case and by imposing

certain conditions, if the petitioner/accused No.3 is

5

granted bail, no prejudice would be caused to the case

of the prosecution. Hence, I pass the following:

ORDER

The criminal petition is allowed.