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Judgment
15 paragraphs · 428 wordsM.G.S. Kamal, J
Accused No.3 in Crime No.56/2026 registered before Jigani Police Station, Anekal for the offences punishable under Sections 115(2), 118(1), 127(2), 309(6) R/w 3(5) of BNS 2023, is before this Court seeking regular bail.
Perusal of the complaint indicate that on 10.03.2026 when the complainant was taking a stroll after his meal at 9.00 p.m., an auto came from the industrial area and the complainant had sought for a drop and got into the said auto which already had four people sitting inside. The said persons after sometime snatched the mobile and took Rs.9,000/- from the complainant and assaulted him on his head, legs and other parts of the body. Hence the complaint.
Learned counsel for the petitioner submits that no Test Identification Parade was conducted. Name of the petitioner is not found either in the complaint or elsewhere. Two days after the alleged incident, police have arrested the petitioner, who is innocent. Petitioner is pursuing his second year pre-University course and his exams are scheduled between 30.04.2026 to 11.05.2026. Due to this unfortunate incident, he has been deprived of his education.
Heard and perused the records.
Complainant had got into the auto, which already had four persons inside. He has neither identified nor named the said persons in the complaint. Admittedly petitioner was arrested two days subsequent to the incident. Learned counsel for petitioner furnishes a copy of the Hall ticket issued by the pre-University Board indicating schedule of exams noted above. Considering the complaint averments and the petition averments, this Court deems it appropriate to grant bail as sought for.
Accordingly the following:
ORDER
(i) Criminal Petition is allowed.
(ii) The accused No.3/petitioner is directed to be enlarged on bail in Crime No.56/2026 registered by Jigani Police Station for the offences punishable under Sections 115(2), 118(1), 127(2), 309(6) R/w 3(5) of BNS 2023, subject to the following conditions:
a) The accused/petitioner shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum, to the satisfaction of the jurisdictional Court.
b) The accused/petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons.
c) The accused/petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses.
d) The accused/petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Communicate copy of this order to the trial Court and concerned prison authorities forthwith.