DAWOOD IBRAHIM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent - State.

(2.) The factual matrix of case of prosecution while invoking the offence punishable under Ss. 341, 364A, 377 and 394 read with Sec. 34 of IPC is that accused No.1 to 3 along with this petitioner on 26/3/2022 at about 4:30 a.m. to 5:00 a.m. when the complainant was proceeding in a celerio car bearing No.KA-59/R-9358 came in a car which was driven by this petitioner and caused obstruction showing knife to the complainant and snatched the gold ring belonging to CW.1 and also the ATM card and using the said ATM card, drawn an amount of Rs.6,000.00and also Rs.500.00 and thereafter he was taken to the unknown place. Accused No.2 subjected him to unnatural sex and hence the police have registered the case and investigated the matter and filed a charge sheet against four accused persons.

(3.) The counsel appearing to the petitioner would submit that this petitioner has been arrayed as accused No.4 and the only allegation made against him is that this petitioner has driven the car. Except the said allegation, there are no other allegations against the petitioner herein. The main allegation against the other accused persons is that they snatched the gold ring and also the ATM card and drawn the money. The counsel also submits that this petitioner was in custody in another case and hence he could not approach this Court. The counsel also submits that there are four cases against this petitioner and no other similar offence cases are pending against the petitioner.