MAHESHA @ MAHI Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section 395 of IPC, registered by the Jayapura Police Station, Mysore District in Crime No. 248/2012.

(2.) ON the complaint made by one N. Prasanna alleging that on 6.12.2012 at about 10.15 p.m., the complainant and his friends were moving around the R.T. Nagar water tank to watch the movement of birds. At that time, three persons came in a motor bike and enquired about the complainant. Thereafter another five persons came and they robbed their mobile phones, purses and other valuables worth Rs. 54,800/ -. The police have registered a case against the petitioner on the ground that the mobile of the complainant was seized from the hands of the petitioner. Hence petitioner is also involved in the dacoit committed on 6.12.2012 and police arrested him. He approached the IV Addl. Sessions Judge, Mysore seeking regular bail. The said application was rejected by the court below on 22.3.2014. Hence, the present petition has been filed seeking regular bail.

(3.) ON the other hand, the learned Government Pleader appearing for the respondent contended that complainant's mobile was in possession of the petitioner. Though in the complaint, the name of the accused is not mentioned, the seizure of the mobile itself establishes that the petitioner was involved in the dacoity committed on 6.12.2012 and sought for dismissal of the bail petition.