IRFAN SHARIFF Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent -State, and perused the records.

(2.) The petitioner in this petition is arraigned as accused No.1 in Crime No.34/2020 with Doddaballapur Town Police Station. The FIR in Crime No.34/2020 is registered against unknown persons for the offences punishable under Sections 380, 454 and 457 of the Indian Penal Code. The petitioner and another Sri Abdul Rehman have been arrested by the police in the course of investigation. The petitioner along with Sri Abdul Rehman have filed common petition in Cr.No.34/2020 under Section 437 of Cr.P.C. before the IX Additional District and Sessions Judge and Special Judge, Bengaluru Rural District Bengaluru, and this petition insofar as the petitioner is rejected and the other, Sri Abdul Rehman, is granted bail. As such, the petitioner has preferred this petition before this Court.

(3.) The police have registered the FIR against the petitioner and the other at the instance of Sri Gulzar S/o. Yaseen Sahab, who has filed information about the offence asserting that he is a resident of Bengaluru, and that he and his family members were visiting his sister in Gouribidanur on 25.3.2020, and were constrained to stay back there because of the lockdown restrictions. On 2.4.2020, he was informed by his neighbour that somebody had broken into his house. Therefore, he immediately returned to his place and found that the front door was broken open and somebody had stolen jewellery and silverware.