JUDGMENT : This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.130/2017 (C.C.No.762/2017) of Nyamathi P.S., Davanagere District for the offences P/U/Ss 342, 343, 364(A), 365 and 397 of IPC.) 1. Since these two petitions are in respect of the same crime number and similar questions of law and facts are involved in both the petitions, they are taken together to dispose of them by this common order in order to avoid repetition of discussion of law and facts. 2. Crl.P.No.10095/2017 is filed by accused No.1 and Crl.P.No.10096/2017 is filed by accused No.4, both under Section 439 of Cr.P.C., seeking their release on bail for the offences punishable under Sections 342, 343, 364(A), 365, 397 of IPC registered in respondent - police station Crime No.130/2017, now pending in C.C.No.762/2017. 3. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 4 and also the learned High Court Government Pleader appearing for the respondent-State. 4. Learned counsel for the petitioners during the course of his arguments submitted that the complaint averments and other materials of the prosecution shows that a false case has been foisted against the petitioners herein. He submitted that though according to the averments made in the complaint Manjunath has been released earlier, the complaint was filed only on 3.8.2017 after lapse of 3-4 days. False allegations are made in the complaint because of the business rivalry. Petitioner have not committed the alleged offences. There is no prima facie material to attract the ingredients of alleged offences. Hence, submitted that by imposing reasonable conditions petitioners may be enlarged on bail. 5. Per contra, learned High Court Government Pleader during the course of his arguments submitted that so far as petitioner-accused No.1 is concerned his name has been specifically mentioned in the complaint and in the FIR there are specific allegations made against him. Accused No.1 is said to have threatened the complainant and others and obtained signatures on Form Nos.29 and 30 and even snatched the cheques and other documents from them, which clearly show the intention of kidnapping for a ransom. Therefore, there is a material placed by the prosecution for the alleged offence under Section 364(A) of IPC, which is punishable with death or imprisonment for life. Therefore, there is a material placed by the prosecution for the alleged offence under Section 364(A) of IPC, which is punishable with death or imprisonment for life. Hence, he submitted that petitioners are not entitled to be granted with bail and both the petitions are to be rejected. 6. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record. 7. Looking to the complaint averments and other prosecution material, so far as the petitioner-accused No.1 is concerned, the prosecution has placed prima facie material about his involvement in committing the alleged offences, wherein one of the alleged offence is under Section 364(A) of IPC punishable with death or imprisonment for life. Therefore, I am of the opinion that petitioner-accused No.1 is not entitled to be granted with bail. So far as petitioner-accused No.4 Chethana is concerned, there are no specific allegations in the complaint as against him. 8. Accordingly, Crl.P.No.10095/2017 filed by accused No.1 is rejected and Crl.P.No.10096/2017 filed by accused No.4 is hereby allowed. 9. Petitioner/accused No.4 is ordered to be released on bail for the offences punishable under Sections 342, 343, 364(A), 365, 397 of IPC registered in respondent - police station Crime No.130/2017, now pending in C.C.No.762/2017, subject to the following conditions: (i). Petitioner-accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court. (ii). Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. (iii). Petitioner shall appear before the concerned Court regularly.