SRINIVASA Vs. STATE BY HASSAN EXTENSION POLICE REPRESENTED BY PUBLIC PROSECUTOR

JUDGEMENT

(1.) THIS is the petition filed by the petitioner -accused No. 2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of his arrest for the offence punishable under Section 392 of IPC registered by the respondent -police in Crime No. 163/2009.

(2.) THE brief facts of the prosecution case as per the averments in the complaint that complainant one Nalinakshi lodged the complaint alleging that on 25 -11 -2009 at about 11.30 a.m. when she was going towards Boovanahalli hospital, three persons came on Splendor motor bike, slow down the vehicle nearby her and one among them has forcibly snatched her Mangalya chain weighing about 20 grams and when she shouted for help those three persons fled away on the said motor bike. On the basis of the said complaint police have registered the case on 30 -11 -2009 for the alleged offence.

(3.) LEARNED counsel for the petitioner submitted that looking to the averments in the complaint it is against three unknown persons the FIR was registered. Learned counsel also made the submission that though it is alleged that the incident took place on 25 -11 -2009, but complaint was filed after 5 days delay i.e., on 30 -11 -2009 and there is no satisfactory explanation by the prosecution regarding the delay. Learned counsel also made the submission that the other accused persons were granted with bail by the order of the trial Court. Hence, he submitted that petitioner may be admitted to bail by imposing any reasonable conditions.