No Requirement To Take Signature Of Accused On Record Of Test Identification Parade: Karnataka High Court

The Karnataka High Court has observed that there is no mandate to take signature of the accused on the record of the test identification parade conducted in respect of an offence. The Court was hearing a man's bail plea booked for offence under Section 311 (robbery, dacoity with attempt to cause grievous hurt) BNS. The prosecution had alleged that when the complainant was walking on a road, an unknown person came on a scooter, stopped the complainant and threatened him with a machete-like long chopper to hand over money.It is alleged that the person had robbed the victim of Rs.3,600, threw the victim's mobile phone on the ground and had threatened to kill him if he informed anyone about the incident. He thereafter fled away from the spot on the scooter. Justice Shivashankar Amarannavar in his order said:"After arrest of this petitioner, there is a recovery of weapon and bike used by the petitioner at his instance. The test identification parade has been conducted wherein the first informant has identified the petitioner as the person who robbed the cash from him by showing deadly weapon. There is no any mandate to take signature of the petitioner on the records of test identification parade as contended by the learned counsel for petitioner. The offence alleged against the petitioner is provided with sentence of imprisonment not less than seven years. If the petitioner is granted bail, there are chances of he committing similar offence, and threatening the prosecution witnesses".The petitioner contended that though the alleged incident took place on 07.11.2025, the complaint was filed only on 09.11.2025 and thus there was a delay in filing the complaint.It was contended that the complainant had not stated the features of the accused in the complaint. The bike number used by the petitioner/accused has not been mentioned in the complainant. Further in the Test Identification Parade records, the signature of the petitioner is not forthcoming. It was argued that the petitioner had no criminal antecedents, was 24 years old and thus it was urged that the court may grant bail. Meanwhile the State contended that there is no mandate that the signature of the accused person has to be taken on records of the Test Identification Parade. It was contended that Test Identification Parade has been conducted by the Magistrate in the prison, wherein the victim had identified the petitioner. The court dismissed the bail plea. Case title: MR. SYED SAIF v/s THE STATE OF KARNATAKACRIMINAL PETITION NO. 16636 OF 2025 Click Here To Read/Download Order

No Requirement To Take Signature Of Accused On Record Of Test Identification Parade: Karnataka High Court

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