LAKSHMANA @ LAKKU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by petitioner/accused No.3 in C.C.No.4310/2020 arose in Crime No.392/2019 for the offence punishable under Section 397 of IPC. Petitioner is said to be arraigned as accused No.3 and he has surrendered before the jurisdictional Court as where the charge sheet is laid against him by including his name in the charge sheet. Therefore, the counsel for the accused is seeking for regular bail among the grounds urged therein and even on the ground that accused No.2 in the charge sheet is already been granted bail by the concerned Court by imposing suitable conditions.

(2.) It is stated in the complaint that on 11.11.2019 at about 7.15 p.m., the complainant while he was proceeding towards his house after work, at that point of time, near Channigappa Industrial Area Gudde, Kaveripura, Kamakshipalya, Bangalore, 3 to 4 persons came near him and asked to hand over all the valuables. Though the complainant did not had any valuables, he denied to give them. One among them, assaulted the complainant on his left stomach and tried to snatch the mobile phone, the complainant screamed for help and at that time, a person came on bike. On seeing him, the accused persons ran away from the spot. The passer by assisted the injured complainant and secured the police and also shifted the injured complainant to the hospital. In pursuance of the act of the persons being arraigned as accused in the charge sheeted case in Crime No.392/2019 which came to be registered for the offence punishable under Sections 397 and 511 of IPC.

(3.) It is contended by the petitioner's counsel during the course of his arguments that the accused did not participated in any of the alleged offence, but he is falsely implicated in the case. The complainant has foisted a false complaint against the petitioner. The petitioner has not at all committed any offence and he was not the person associated with other accused. It is further contended that no proper identification parade has been conducted when once the accused was taken into custody. The petitioner has surrendered before the concerned court where the charge sheet was laid and from there onwards he is in judicial custody. The petitioner is permanent abode of Kamakshipalya, Bengaluru and he is ready to abide by any terms and conditions to be imposed by this Court while granting bail to him. These are all the contentions as taken by the learned counsel for the petitioner and seeking for bail.