IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JANUARY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.7729 OF 2020

Between:

Mohammed Rushdan

S/0 Ibrahim Khaleel Damda Abu

Aged about 19 years

R/at Heskri Manor

Near Saw Mill

Ranginkatte

Bhatkal

Uttara Kannada

Karnataka – 581 320

Presently residing at

No.11, 1^st Cross

Chinnappa Garden

Benson Town Post

Bangalore – 560 046

… Petitioner

(By Sri Syed Khaleel Pasha, Advocate)

And:

The State of Karnataka

By Bagulur P.S

Rep. by State Public Prosecutor

High Court Building

Bangalore – 560 001

… Respondent

(By Sri Thejesh P, HCGP)

* * *

2

This Criminal Petition is filed under Section 439

Cr.P.C., praying to enlarge the petitioner on bail in

Cr.No.82/2020

(C.C.No.5297/2020)

of

Bagalur

P.S.,

Bangalore for the offence punishable under Sections 394,

397, 201 of IPC.

This criminal petition coming for Orders on this day,

the court made the following:

ORDER

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

enlarge the petitioner on bail in Crime No.82/2020 of

Bagalur Police Station registered for offences under

Sections 394 r/w 34 of IPC. On completion of investigation

charge sheet has been filed against four accused persons

for offences punishable under Sections 394, 397 and 201

of IPC, arraigning the present petitioner as accused No.3.

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/petitioner along

with the other accused persons committed robbery in H.P

Petrol Bunk situated near Reva junction on Yelahanka-

Bagalur main Road by threatening the first informant and

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also causing injuries to him with deadly weapons and took

away a cash of Rs.1,73,400/- and a mobile phone of the

complainant. Petitioner came to be arrested on 03.08.2020

and it is alleged that from his possession a cash of

Rs.2000/- has been recovered.

4.

The learned counsel for the petitioner has

contended that the petitioner is innocent and he has not

committed any offence. There is no test identification

parade conducted and therefore the involvement of the

petitioner in the alleged crime is doubtful. He submits that

the petitioner is a young boy aged about 19 years and his

further

detention

in

custody

will

lead

to

serious

consequences. Accordingly, he seeks to allow the petition.

5.

The learned HCGP contends that the petitioner

along with other accused persons armed with deadly

weapons committed robbery in a petrol bunk and they

have assaulted the complainant with deadly weapons and

caused injuries to him and robbed a cash of Rs.1,73,400/-

. He submits that there is recovery of Rs.2,000/- at the

instance of the present petition as well as a motorcycle. He

4

submits that the accused persons are involved in another

case and therefore, they are habitual offenders and in the

event of release of the petitioner, he may indulge in

committing similar offence. Accordingly, he seeks to reject

the petition.

6.

The complaint is lodged against three unknown

persons. Charge sheet has been filed against four accused.

The petitioner came to be arrested on 03.08.2020. A cash

of Rs.2,000/- has been recovered at the instance of the

present petitioner. The prosecution has alleged that the

accused persons have assaulted the complainant with

deadly weapons and caused injuries to him. Perusal of the

wound certificate shows that the injury sustained by the

first informant is simple in nature. The identification and

participation of the present petitioner in the alleged crime

has to be established by the prosecution after a full fledged

trial. Petitioner has been arrested and interrogated. Now

the investigation is completed and charge sheet has been

filed. Hence, by imposing suitable conditions, petitioner

can be enlarged on bail. Accord