IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02nd DAY OF JANUARY 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.7854/2018 Between:
D.Deepak @ Giri, S/o S.V.Dayananda, Aged about 23 years, R/at No.40, 1st Main, 2nd Cross, D Souza Layout, Hosakerehalli, BSK III Stage, Behind PES College, Bengaluru – 560 045.
(By Sri.Prasanna D.P., Advocate) And:
State of Karnataka, By Subramanyapura Police, Represented by SPP, High Court Building, Bengaluru – 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.49/2018 (C.C.No.20615/2018) of Subramanyapura P.S., Bangalore for the offences P/U/Ss.143, 384, 364A, 120B, 342, 504, 506 read with 149 of IPC.
This petition coming on for orders, this day the Court made the following:
ORDER Petitioner is accused No.5 in Crime No.49/2018 of Subramanyapura police station, which is now pending in C.C.No.20615/2018 on the file of II Addl.CMM Court, Bangalore. Petitioner and five others were charge sheeted in the said case for the offences punishable under Sections 143, 342, 364-A, 384, 120-B, 504, 506 r/w 34 of IPC.
2. The case of the prosecution in brief is as follows:-
That accused No.1 conspired with accused Nos. 2 and 3 to kidnap CW-1 for ransom. In execution of such conspiracy, on 07.02.2018 at about 11 a.m., when CW- 1 was proceeding on bike, accused Nos. 4 to 7 followed him in Santro Car of CW-5 bearing Registration No. KA- 03 MC-8063 and accused Nos. 1 and 2 followed him in DIO bike. They wrongfully restrained him near Rajatadri Hotel and kidnapped him in the said car and took him around. They demanded CWs 2 and 3 to pay Rs.40 lakhs as ransom and collected Rs.10.50 lakhs as part of the same from CW-2. Then, they released CW-1 near K.S.I.T. College near Bangalore. They threatened CW-1 to pay the balance amount.
3. The allegations against the petitioner and accused Nos. 4, 6 and 7 are that of following the victim in a car. Now the charge sheet is filed. The car allegedly used for the commission of the offence is recovered. This Court in Crl.P.Nos.4598/18, 4698/18 and 4855/18 has granted bail to accused Nos. 2, 4 and 6.
4. It is submitted that the petitioner is required for Test Identification Parade. That part of the prosecution requirement can be addressed by imposing suitable conditions.
5. Therefore, the petition is allowed. The petitioner-accused No.5 is granted anticipatory bail in Crime No.49/2018 of Subramanyapura Police Station, which is now pending in C.C.No.20615/2018. If he is arrested in the said case, he shall be released on bail on the following conditions:-
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of a copy of this order for the purpose of interrogation and Test Identification parade.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Srl.