ZAMEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in C.C.No.966/2022 pending before the Court of Additional Civil Judge (Jr.Dn.) and JMFC, Channarayapatna, Hassan District, arising out of Crime No.104/2021, registered by Nuggehalli Police Station, Hassan District for offences punishable under Ss. 395, 427, 120-B and 397 of IPC is before this Court seeking regular bail.

(2.) Heard the learned counsel for the parties.

(3.) On the complaint of Sri.Shreyans Jain S/o Biharilal Jain dtd. 6/8/2021, Nuggehalli Police, Hassan, had registered F.I.R. in Crime No.104/2021 for the offence punishable under Sec. 397 of IPC against four unknown persons. In the complaint it is averred that complainant is running gold jewelry business and on 6/8/2021, he along with his driver was traveling in his car bearing registration No.KA-09-MD-4233 and at about 3.00 pm when they were returning after collecting the money from other jewelers, their car was intercepted and four persons came near the car and broke open the window of the car and assaulted the complainant and his driver. They took away the amount of Rs.2,98,140.00, which the complainant was carrying, along with his mobile phone and his car key and went away. It is in this connection, complaint was lodged, which has resulted in registering F.I.R. in Crime No.104/2021 against unknown persons. On the basis of the statement made by an accused, who was apprehended in a different case at Shivamogga, petitioner who was in custody in some other case was secured under body warrant and produced before the jurisdictional Magistrate in Crime No.104/2021 on 25/2/2022. Subsequently, he was remanded to judicial custody in the said case. His bail application filed before the Court of IV Additional District and Sessions Judge, Hassan Sitting at Channarayapatna, Hassan, in Crl.Misc.No.259/2023 was dismissed on 23/3/2023. Under these circumstances, petitioner is before this Court.