P M JALEEL @ ABDUL JALEEL, S/O LATE MOHAMMED; P H SHAHID @ SUKUR S/O HAMSA AND B M ALI ASGAR, S/O LATE MAHAMMAD Vs. STATE OF KARNATAKA BY KUSHAL NAGAR POLICE; STATE OF KARNATAKA, BY SOMWARPET POLICE SPP

JUDGEMENT

(1.) Heard both sides in respect of bail sought by the Petitioners. The Petitioner in Crl.P. No. 437/11 is A-4, whereas Petitioners in Crl.P. No. 536/11 aie A-1 and A-3.

(2.) All the accused persons are accused of having committed, the offence under Sec. 394 of Penal Code and the prosecution case in short is that, on 9.6.10 at about 4.10 p.m. the complainant on his motorcycle was going carrying cash of Rs. 16,96,730.00 and some unknown persons came in a red colour Maruthi car and dashed to the motorcycle and after throwing chili powder on the face of the complainant, they robbed the complainant of the aforementioned amount.

(3.) Submission of the learned Counsel appearing for the Petitioner in Crl.P. No. 437/11 is that, except Rs. 10,000.00 recovered from this Petitioner which amount belongs to the Petitioner, there is no other material to involve this Petitioner and as far as other Petitioners are concerned, submission made by the learned Counsel is that, from A-1 the car was seized and Rs. 8 lakhs and odd was also seized and from A-3 also Rs. 10,500.00 was seized and from A-2 Rs. 1 lakn was seized. However, there is discrepancy in the prosecution case as to the colour of the car and the car number has not been clearly indicated and moreover, it is unlikely that the complainant would have withdrawn the amount from the bank at. 3.30 p.m., that too in a village.