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Karnataka High Court · body

2022 DIGILAW 11 (KAR)

Anil N. v. State of Karnataka

2022-01-03

K.NATARAJAN

body2022
JUDGMENT 1. Criminal Petition No.9630/2021 is filed by the petitioner-accused No.4 and Criminal Petition No.9902/2021 is filed by the petitioner-accused No.3 under Sec. 439 of Cr.P.C. seeking regular bail in Crime No.223/2021 registered by Yeshwanthapura Police Station, for the offences punishable under Ss. 506, 364A, 323, 363, 120B and 170 read with Sec. 34 of IPC. 2. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. 3. The case of the prosecution is that one Govinda lodged a complaint with the respondent-police on 18/8/2021 alleging that he is the cousin brother of the victim Raghu and the complainant was staying along with the victim in a room. On 17/8/2021 at about 11.30 p.m. some unknown persons knocked the door of the room and four unknown persons came inside the room and threatened the complainant and the victim, and by assaulting, abducted the victim. The next day morning i.e. on 18/8/2021, the brother-in-law of the complainant received a phone call from the unknown persons and the call was made from the mobile phone of the victim Raghu and they demanded Rs.3.00 lakhs for release of the victim Raghu. Otherwise, they will kill. Hence, the complainant lodged the complaint and the police arrested the accused and rescued the victim Raghu from a hotel at Bidadi. On voluntary statement of accused No.1, the present petitioners were arrested along with accused No.2. The petitioners moved bail petition before this Court in Crl.P. No.7551/2021 which came to be dismissed as withdrawn on 17/12/2021. Now, the petitioners have filed the present criminal petitions seeking regular bail on additional grounds. 4. Having heard the learned counsel for the parties and on perusal of the record, it reveals that accused Nos.5 and 6, who are the distant relatives of the victim, came to know that the victim Raghu has received Rs.3.00 lakhs as commission in selling country medicines and they wanted to get back the amount and therefore, they abducted the victim Raghu through accused Nos.1 to 4. However the accused did not get money as the complainant has lodged the complaint and the victim was traced and the police arrested accused No.1. Based upon the voluntary statement of accused No.1, the names of the petitioners have been implicated and they were accordingly arrested by the police. No money was received or recovered by the police. Investigation is completed. Based upon the voluntary statement of accused No.1, the names of the petitioners have been implicated and they were accordingly arrested by the police. No money was received or recovered by the police. Investigation is completed. Charge sheet is also filed. Accused No.4 is said to be a B.Com under graduate studying at Government First Grade College, Vijayanagar, Bengaluru, which reveals that accused No.4 is a student studying in a degree college. However, accused NO.3 is said to be studying in Sanadhi Cini Institute Dance Class, but the learned counsel has not produced any document to show that he is a student studying in any college. 5. Looking to the facts and circumstances of the case though the alleged offences are non bailable one but not exclusively punishable with death/imprisonment for life. The allegation against the petitioners is that they only abducted the victim at the instance of accused Nos.5 and 6. , who are the main offenders. The presence of the petitioners may not be required for investigation except trial. They are in custody for more than 3 1/2 months. Therefore, by imposing certain conditions, if the petitioners are released on bail, no prejudice would be caused to the case of prosecution. Hence, the following: ORDER Both Criminal petitions are allowed. The committal Court is directed to release the petitioners accused Nos.3 and 4 on bail, in Crime No.223/2021 registered by Yeshwanthapura Police Station, for the offences punishable under Ss. 506, 364A, 323, 363, 120B and 170 read with Sec. 34 of IPC, subject to the following conditions:- ( i) Petitioners shall execute a personal bond for a sum of Rs.2,00,000.00 each with two sureties for the likesum to the satisfaction of the Committal Court; (ii) Petitioners shall not indulge in similar offences strictly; (iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court. If any of the bail conditions is violated, the prosecution is at liberty to file an application for cancellation of bail.