NISAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner - accused No. 3 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 395 of IPC registered by the respondent - police in Crime No. 161/2013.

(2.) THE case of the prosecution in brief as per the averments in the complaint that on 06 -07 -2013 complainant had been to Kanchikere village to the house of his sister and took cash of Rs. 27, 700/ - from the bank and returned to his village. On 07 -07 -2013, he went to Davanagere and he met his friend and at about 10.45 p.m. near Vishali Bar he took an autorickshaw in order to go to bus stand. Thereafter, near R.H. Choultry, 6 persons boarded the autorickshaw and assaulted him and snatched cash of Rs. 27, 700/ -, nokia mobile phone, pen from his pocket and further pushed him from the auto rickshaw near BJP office and went away. On the basis of the said complaint, case has been registered for the alleged offence against the unknown persons and during investigation, Investigating Officer arraigned present petitioner as accused No. 3 along with other accused persons.

(3.) LEARNED counsel for the petitioner during the course of his argument submitted that so far as the petitioner is concerned, no amount has been seized from his possession. But it is only the case of the prosecution that the present petitioner sold nokia mobile phone to one Sanaulla - CW -10 and from the possession of CW -10, mobile phone has been recovered. Counsel made the submission that accused No. 4 with the same set of allegation has been granted with bail by the lower Court. But the petition of the present petitioner has been rejected on the ground that he is not the resident of Davanagere. Counsel made the submission that in fact he is the resident of Davanagere and he is ready to abide by any of the reasonable conditions to be imposed by this Court. He made the submission that now the investigation of the case is completed and charge sheet has been filed. Hence, he can be enlarged on bail.