ISAK Vs. STATE

JUDGEMENT

(1.) The successive bail petitions are filed by petitioner/accused No.1 in Crl.P.No.4994/2023 and petitioner/accused No.2 Crl.P.No.5040/2023 respectively under Sec. 439 of Cr.P.C. for granting regular bail in Crime No.30/2022 registered by Kanakanady Police Station, Mangaluru City for the offences punishable under Ss. 341 , 324, 307, 394, 397, 120(B) r/w Sec. 34 of IPC and Ss. 4 and 25-1(B)(b) of Arms Act.

(2.) Heard Sri.Haleema Ameen, learned counsel for the petitioners and Sri.Vishwamurthy, learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that, one Mustaf filed a complaint in the police on 5/3/2022 alleging that on the said date at around 5.55 a.m., when the complainant and another person one Moosa were proceeding in a tempo in order to purchase fish along with them they also carried Rs.2,15,000.00 cash in his purse. When they reached near the spot, a red car overtook the tempo and intercepted the tempo, two persons got down from the car with weapons and asked to give money. When the complainant refused to give the money, the accused persons said to be assaulted him with weapons by causing injury and robbed the cash of Rs.2,15,000.00. Thereafter, the complainant was shifted to the hospital and later, the police registered a complaint against unknown persons.