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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 18^TH DAY OF FEBRUARY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.659 OF 2021

BETWEEN:

ABUBAKAR SIDDIQ @ SIDDIQ,

S/O. AFZAL,

AGED ABOUT 24 YEARS,

RESIDING AT C/O. UMER M.R.S,

GARDEN (QUARTERS) CHINNAPPA GARDEN,

BENSEN TOWN POST,

BANGALORE-560 046.

... PETITIONER

[BY SRI. KIRAN KUMAR M., ADVOCATE]

AND:

STATE OF KARNATAKA BY

SHO, BAGALUR PS.,

REPTD. BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BANGALORE-560 001.

... RESPONDENT

[BY SRI. M. DIVAKAR MADDUR, HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME

NO.82/2020 REGISTERED BY BAGALUR POLICE STATION, BENGALURU

FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 394, 397 AND 201

OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY

THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed under Section 439 of Cr.P.C. by the

petitioner/accused No.2 praying to enlarge him on bail in

connection with a case registered in Crime No.82/2020 of

Bagalur Police Station, Bengaluru, for offence punishable under

Sections 394, 397 and 201 of IPC.

2.

Heard the learned counsel for petitioner and the

learned HCGP for respondent-State.

3.

The case of the prosecution is that on 31.07.2020,

at about 4.15 a.m., accused persons committed robbery in HP

Petrol Bunk situated near Reva Junction of Yelahanka – Bagalur

Main Road by threatening the first informant-CW1 and also

causing injuries to him with deadly weapons and took away cash

of Rs.1,73,400/- as well as mobile phone belonging to CW1.

4.

Learned counsel for the petitioner has contended

that the petitioner is an utter stranger to the complainant. There

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is no test identification parade conducted. Even though it is

alleged that a mobile phone was snatched by this petitioner from

the complainant, the same is not recovered. He contends that

according to the prosecution, petitioner was holding an iron rod

and even the said iron rod is also not recovered at his instance.

He submits that the petitioner is innocent and a false case has

been foisted against him. Accordingly, seeks to allow the

petition.

5.

Per contra, the learned HCGP has opposed grant of

bail contending that the petitioner is a habitual offender involved

in two more cases. He submits that all the accused have

threatened the complainant and robbed a cash of Rs.1,73,400/-

and also caused injuries to him by assaulting with weapons they

were carrying. He submits that the complainant has identified

the present petitioner as one of the accused who participated in

the crime and therefore contends that the petitioner is not

entitled for the relief he has sought. Accordingly, seeks to reject

the petition.

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6.

The alleged incident has taken place on 31.07.2020

at about 4.15 a.m. and 4.25 a.m., According to the prosecution,

the accused persons went to HP Petrol Bunk situated near Reva

Junction in the guise of filling petrol to their vehicles. Accused

Nos.1 to 3 entered the petrol bunk while accused No.4 stood

outside. Thereafter by threatening the complainant/CW1 and

causing injuries to him by assaulting with a rod, they took away

cash of Rs.1,73,400/-. It is alleged that the present petitioner

snatched the mobile phone from CW1. As per the prosecution,

the petitioner – Accused No.2 was armed with an iron rod.

However, it is stated that after committing robbery, he threw the

iron rod on the way. Hence, there is no recovery of iron rod from

the petitioner. There is no recovery of mobile phone belonging to

CW1 from the petitioner. It is submitted by the learned counsel

for the petitioner that the petitioner was arrested on 21.08.2020

in connection with Crime No.61/2020 of JC Nagara Police Station

and on 29.08.2020, he was secured under body warrant a