MOHAMMED MUKTAR ALAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused No.1 to 3 under Section 439 of Cr.P.C. seeking bail in Crime No.36/2020 of Belagavi Railway Police Station registered for the offence punishable under Sections 328 & 379 r/w 34 IPC .

(2.) The case of the prosecution is that the complainant and one Sonu S/o Asarappi Choudari had came to Goa four months back for a work in IFB Company and the said work was completed on 18.03.2020. The Complainant and Sonu in order to go back to their native have taken ticket of Goa-Nizzammuddin Express train and on 19.03.2020 at 3 p.m. they boarded a general compartment of the said train. In the journey they made friendship with one Surendrakumar S/o Vishwanath Saroj and they were traveling together. At the next station three people boarded the train and they sat infront of the complainant. Later those three persons friendly with complainant and other victims and they purchased Samosa, Bhelpuri for the complainant and other victims. After half an hour of train passing through Doodhsagar at 5.45 p.m to 6 p.m., the petitioners allegedly gave chocolates to complainant and other two victims and accordingly they consumed those chocolates and they fell unconscious and they got conscious on 21.03.2020 at Belagavi Civil Hospital. The persons of 23 to 25 years old made friendship with them and gave some chocolates due to which they got drowsiness and slept and thereafter accused persons committed theft of complainant's bag, money from his pocket and his bag contained trimmer of Nova Company worth Rs.1500/-,. The person by name Sonu lost his bag containing cloths, hammer, cutting piler, money of Rs.2500/-. Another person by name Surendrakumar lost his bag containing clothes, money of Rs.6040/-, mobile phone worth Rs.1300/-. Complainant narrated the details of their appearance. Complainant lodged a complaint before the respondent Polcie and the same was registered in Crime NO.36/2020 for the offence punishable under Section 328, 379 R/W 34 of IPC against 3 unknown persons. Respondent Police have apprehended accused No.1 to 3. The Investigating Officer after completion of investigation has filed charge sheet for the offence punishable under Sections 328 and 379 r/w 34 IPC . The petitioners approached the X Addl. District and Sessions Judge in Crl.Misc.No.918/2020 for grant of bail and the same was rejected by order dated 09.07.2020. Therefore, petitioners are before this Court seeking bail.

(3.) Heard the learned counsel for the petitioners- accused Nos.1 to 3 and learned HCGP for respondent- State. Perused the charge sheet records.