Anticipatory bail granted due to lack of evidence against the accused.

ORAL ORDER

Heard the learned counsel for petitioner, learned HCGP for State and perused the material on record.

2. On the basis of a complaint lodged by one Suriyaprakash, a case was registered in Crime No.233/2024 at Bommanahalli Police Station, Bengaluru City, for the offence punishable under Sections 323 and

392 of IPC, against 3 unknown persons.

3. It is alleged that on 08.06.2024 at about 7:00 p.m., when the complainant was in his house, 3 persons barged inside, with an intention to steal his laptop and mobile phone, kicked on his stomach and private parts, punched on his face, mouth, cheek and nose and took away his watch and a cash of Rs.500/-.

4. FIR is registered against 3 unknown persons. It is alleged that 3 strangers barged into the house of the complainant and committed the offence. Descriptions or identification of the said persons are not mentioned in the complaint. It is contended by the learned counsel that, after the arrest of accused No.1 by name Rahul David, only on his voluntary statement, petitioner has been arraigned as an accused in the charge sheet.

5. Charge sheet is filed against accused Nos.1 to 3 for the offence punishable under Section 394 of IPC, showing accused Nos.2 and 3 as absconding. Petitioner is arraigned as accused No.2 in the charge sheet. According to prosecution, a cash of 500/- was recovered from accused No.1. The learned HCGP contended that watch has to be recovered from the petitioner and therefore, he is not entitled for anticipatory bail.

6. At this stage, except the voluntary statement of accused No.1, there is no other material collected against the petitioner to show his involvement. It is submitted by the learned counsel that, petitioner was undergoing apprenticeship training at Toyoto Kirloskar Motor Private Limited, training in electronics mechanic, between 1^st February 2024 to 31^st January 2025. He therefore, contended that, petitioner is innocent and he is falsely implicated in the case. A copy of the training completion certificate has been furnished.

7. Petitioner has no criminal antecedents. In view of filing of charge sheet, arraigning him as accused No.2, the Trial Court has issued warrant against him. Considering the facts and circumstances of the case, petitioner can be directed to appear before the jurisdictional Court and file necessary application for bail. If the petitioner appears before the jurisdictional Court on or before 16.09.2025 and files necessary application for bail, he shall be enlarged on bail on such terms and conditions which the Court deems fit.