IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4058/2019 BETWEEN:
SOMA @ SOMASHEKAR S/O S.R.GOPAL AGED ABOUT 25 YEARS R/AT NO.30 CHINNAYANAPALYA MAIN ROAD OPP. TO PERM JEWELLERS WILSON GARDEN BANGALORE-560 030 … PETITIONER (BY SMT.PADMAVATHI N., ADVOCATE) AND:
STATE OF KARNATAKA BY ADUGODI P.S. BANGALORE-560 030 REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCES UNDER SECTIONS 341, 365, 323, 392, 354, 354(c), 509 AND 506 READ WITH SECTION 34 OF IPC, WHICH IS PENDING BEFORE VI ACMM, BANGALORE IN CRIME NO.288/2018. THE LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS DISMISSED THE BAIL PETITION ON 11.01.2019 IN CRL.MISC.NO.11031/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioner and perused the records.
2. Petitioner is arraigned as one of the accused persons (accused no.3) out of four unknown persons against whom a case has been registered by the police in Crime No.288/2018 for the offences under Sections 341, 365, 323, 392, 506 r/w 34 of IPC.
3. The brief allegations are that on 30.11.2018 at about 10.45 p.m. when the complainant Ola Cab Driver was standing near Masjid at Wilson Garden at that time, four persons came there and went into the said OLA Car of the complainant. After some time, they snatched the Car key, assaulted the complainant and threatened him with dire consequences by showing a screw driver and took away the said Car. They forced him to draw an amount of Rs.30,000/- from his ATM Card, snatched that amount and they locked him in a room in Anand Bhavan lodge. Thereafter, the complainant escaped from the said place and lodged a complaint. The complainant had sufficient opportunity to see the accused persons while in the Car. Identification of the accused is absolutely required during the course of investigation. Under the above said circumstances, if accused no.3 is released on anticipatory bail, the very purpose of identification will be frustrated.
Under the above said circumstances, at this stage, I do not find any strong reasons to release the petitioner on anticipatory bail. The petition is devoid of merits and the same is liable to be dismissed and is accordingly dismissed.
Sd/-
JUDGE hkh.