SADIQ AHAMED @ FAZIL Vs. STATE

JUDGEMENT

(1.) IN this petition filed under Section 439 of Cr.P.C., the petitioner arraigned as accused No.2 in C.C.No.1315/11 on the file of III Addl. I Civil Judge (Jr.Dn) & JMFC, Mysore, has sought for an order to enlarge him on bail.

(2.) ACCORDING to the case of the prosecution, on 12.06.10, when the complainant was proceeding on his motor bike bearing registration No.KA-09 EB-3735 from his gas agency to Vijaya Bank with a cash of Rs.99,000.00, at about 1.15 p.m., two unknown persons came on motor cycle wearing helmets and by assaulting him with a club on his head, took away the bag containing cash. Immediately, the complainant lodged complaint before the police in that regard, based on which, case came to be registered initially for the offence punishable under Section 392 of IPC against two unknown persons.

(3.) IT is brought to the notice of this Court that accused Nos. 3 and 4 who are similarly placed have already been granted bail by this Court. As noticed supra, even according to the complaint allegations, two unknown persons came wearing helmets and snatched the bag containing cash of Rs.99,000.00. The complicity of this petitioner said to have been disclosed only through the alleged confession said to have been made by him and other accused persons. The overt act attributed against this petitioner is recovery of Rs.13,000.00 from his house. According to the prosecution, at the instance of accused Nos. 3 and 4, certain cash has been recovered. Thus, the petitioner stands on the same footing as that of accused Nos. 3 and 4. When similarly placed accused have been granted bail by this Court, I do not see any justifiable ground to deny the benefit of bail to this petitioner. Therefore, he is entitled for the relief of bail on the principles of parity.