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2017 DIGILAW 389 (KAR)

Masthan Vali s/o Sayed v. State of Karnataka Through Sub-Inspector of Police, Brucepet Police Station, Ballari

2017-02-08

K.N.PHANEENDRA

body2017
ORDER : Heard the learned counsel for the petitioner and the learned Government Advocate. Perused the records. 2. The petitioner is arrayed as accused No.6 in the charge sheet papers. The brief case of the prosecution is that, the accused No.1 Krishnarayalu has given money to one Harinath. The said Harinath has committed suicide. Thereafter the accused person by name Krishnarayalu-accused No.1 was demanding the said money from the brother-in-law of said Harinath, i.e., the complainant-P. Ganesh, on the ground that as the said Harinath died without discharging his loan with accused No.1. In this background it is alleged that the said person-Krishnarayalu had been demanding the said money and made attempts to abduct Vijayalaxmi and her daughter Kum. Vibhashree and a case has been registered in this regard before the Gandhinagar Police. In this background, it is alleged that on 08.02.2016 at about 8.30 PM when the said P.Ganesh, was moving near the lorry terminal near Karnataka Bank ATM at Ballari, some 4-5 persons intercepted him and attacked him by splashing chilli powder on his face and forcibly took him in a vehicle, he could not see who are all those persons who dragged him and put him into the vehicle and thereafter he recouped in the vehicle and observed the talks between the members who were inside the vehicle. Accused No.1-Krishnarayalu was driving the vehicle, he was calling other persons in the vehicle as Lokesh, Mahesh Gowda and Ramudu. He also asked those persons about Seena and Balu about why they have not boarded the vehicle at that time. By saying so they took this man along with them and they assaulted him and threatened him with dire consequences, etc. On 09.02.2016 at about 11 PM they left this man with a direction that he should discharge the loan otherwise, they will ill treat and harass him often. By saying so, they left the complainant at that odd hour and he came to the house and thereafter it appears a complaint came to be lodged. 3. It is seen from the records that at the time when this Ganesh was abducted, some persons by name Peddanna, Sreeram and Mohammad have made attempts to catch those persons who were abducting Ganesh but they were successful in running away, but one person fell down on the spot. 3. It is seen from the records that at the time when this Ganesh was abducted, some persons by name Peddanna, Sreeram and Mohammad have made attempts to catch those persons who were abducting Ganesh but they were successful in running away, but one person fell down on the spot. Of course, these witnesses have identified the petitioner as one of the person who was in the said place when the petitioner was abducted. 4. On perusal of the entire charge-sheet papers this person was also hired by accused No.1 for the purpose of abducting the said Ganesh. But, no specific overt acts have been alleged against this man. Even when the said Ganesh was abducted in the car only four persons were there inside the car and the accused No.1 talked about the other persons, who were participated in the incident. Except the voluntary statement of other accused persons that this petitioner was also engaged for the purpose of commission of such offence, but except the said evidence, no other materials are available on record. The statement of the co-accused, at this stage, cannot be taken as substantive material nor for considering the truthfulness or otherwise of the prosecution case. 5. Under the above said facts and circumstances of the case, serious allegations are made against accused No.1 and other five persons whose names spoken to by accused No.1 in presence of the abducted person, Ganesh, in the vehicle. The name of this person was not taken at that particular point of time and no allegations are made by the victim-Ganesh so far as this petitioner is concerned nor he has stated that he has seen this man at any point of time. The petitioner was arrested on 11.02.2016. Thus, he is entitled to be released on bail but with stringent conditions as the offences are not either punishable with death or imprisonment for life, specifically considering the role attributed to this man. Hence, the following order is passed. ORDER Petition is allowed. Petitioner shall be released on bail in connection with Crime No. 20/2016 of Brucepet Police Station, Ballari, for the offences punishable under Section 143, 147, 341, 323, 506 and 364A on the following conditions. 1. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. 2. 1. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioner shall not indulge in tampering the prosecution witnesses. 3. The petitioner shall appear before the Police as and when required. 4. The petitioner shall also mark his attendance once in 15 days before the Investigating Officer for a period of two months. 5. The petitioner shall appear before the Court on all the hearing dates unless exempted by the Court for genuine reasons.