PARASHURAM YALLAPPA GUDDEPPAGOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner - accused No.2 under Section 439 of the Code of Criminal Procedure in Yamakanmardi P.S. Crime No.116/2019 for the offence punishable under section 392 of IPC. Since from the date of his arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.

(3.) It is contended by the learned counsel for the petitioner - accused No.2 during the course of his arguments that he is an innocent person and not at all committed the alleged offences, but the Police have laid the charge sheet against the accused, as he had participated with other accused and robbed the handbag held by the complainant. As a result of dragging the handbag, the complainant fell down along with his motorcycle. Subsequently, the accused persons took away that bag which contained cash, on their motorcycle. Subsequent to filing of a complaint by the complainant, the crime came to be registered and thereafter proceeded with the case for investigation. It is further submitted that there is no direct overt act attributed against the accused in committing the alleged offences, as narrated in the complaint and so also materials in which secured by the Investigating Officer in order to lay the charge sheet against the accused. But the accused is in judicial custody since from the date of his arrest and moreover during the course of investigation, the Investigating Officer recovered the amount of Rs.35,000/- from the possession of the accused and the same has been subjected in P.F., but there are no prima facie materials against the accused to participate with other accused in committing the alleged offences, as narrated in the complaint. It is further submitted that the accused is the only bread winner in the family to eke out the life of the dependants. If the accused is kept behind the bar for a longer period, his family members would ruin in the society. The accused hails from the respectable family and also having respect in the eye of the society and moreover he is ready to abide by any terms and conditions imposed by this Court, while granting bail to him. These are all the contentions taken by the learned counsel for the petitioner and seeking for bail.