SHAIK KHADER Vs. STATE

JUDGEMENT

(1.) This is the petition filed by the petitioner-accused No. 4 under Section 439 of Cr. P.C. seeking his release on bail for the alleged offence punishable under Section 392 of IPC registered by the respondent-police in Crime No. 157/2012. Charge sheet has been filed for the offences punishable under Sections 392, 413 R/w Section 34 of IPC.

(2.) Heard the arguments of the learned counsel appearing for the petitioner-accused No. 4 and also learned High Court Government Pleader for the respondent-State.

(3.) Learned counsel for the petitioner during the course of his argument submitted that so far as the alleged offence under Section 392 of IPC is concerned, the present petitioner is totally unconnected. He further submitted that even according to the prosecution material, the allegations against the present petitioner is that, a gold chain has been seized from the possession of the present petitioner and hence counsel made the submission that, at the most the offence alleged under Section 413 R/w 34 of IPC will be attracted for receiving the stolen property. He also submitted that under the similar set of allegations and under the same mahazar, the Sessions Court at Mysore has already granted bail to the present petitioner in respect of Cr. No. 90/2012 of Kuvempunagar Police station. The counsel further submitted that looking to the prosecution materials, except the alleged seizure of the gold chain from the petitioner-accused No. 4, there is no other materials produced by the prosecution to show his involvement in the commission of the alleged offence even under Section 392 of IPC. The Counsel also made the submission that except the offences registered which are similar in nature, there are no other criminal cases registered against the present petitioner and there is no conviction for any other offences. Hence, he submitted that as the offence alleged under Section 413 of IPC is not exclusively punishable with death or imprisonment for life. The petitioner may be enlarged on bail by imposing reasonable conditions.