High CourtsSingle Bench(2011) 12 KAR CK 0342

Shri P.H. Shahir @ Sukur and Shri B. M. Ali Azgar vs The State of Karnataka

Karnataka High Court · Decided on 2 December 2011

HON’BLE JUDGES
B.V. Pinto, J
RESULT
Dismissed
CASE NUMBER
Criminal P. No. 4668 of 2011

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Judgment

7 paragraphs · 285 words

B.V. Pinto

1.

This petition is filed seeking bail in Crime No. 169/2010 of Somwarpet Police Station, Kodagu District now pending in C.C.No. 1192/2010 on the file of Civil Judge [Jr.Dn] & JMFC, Somwarpet.

2.

It is the case of the prosecution that on 9,6,203 0 while the cash belonging to the SBM Bank is carried in motor cycle bearing registration No. KA-20-H-7650, the accused came in a Maruti Swift Car bearing No. KA-10-6442, dashed against the motor cycle, snatched the money and ran away. These two petitioners along with other two accused were arrested and a sum of Rs. 8 lakhs was seized from petitioner No. 1 and a sum of Rs. 10,500/- was recovered from the possession of petitioner No. 2 while a sum of Rs. 1 lakh was seized from another accused by name Shahir, who is an employee of accused No. 2. The petitioners were arrested and charge sheet came to be filed.

3.

Sri Kivan S. Javali, learned Counsel for the Petitioners and Sri Satish R. Girji learned HCGP for the Respondent/State.

4.

Learned Counsel for the petitioners submits that in the earlier petition filed by the petitioners in Crl.P.No. 437/2011 c/w. Crl.P.No. 536/2011, this Court has held that petitioners are at liberty to file applications for bail after conducting T.I.Parade.

5.

Learned HCGP submits that in the T.I. Parade, the petitioners are identified by the eye witnesses.

6.

Having regard to the fact that the petition filed by A2 has already rejected and also the fact that these petitioners are identified by the witnesses, the petitioners are not entitled for bail. Accordingly, petition is dismissed. The trial Court is directed to dispose of the matter at an early date.