IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4148 OF 2019 BETWEEN:
1. D. K. RAGHAVENDRA RAO, S/O T N DEVKUMARSHINDE, AGED ABOUT 28 YEARS, R/AT NO.176, 12TH MAIN ROAD, AGRAHARA, DASARAHALLI, BENGALURU - 560 079.
2. VIJAY KUMAR @ G.VIJI, SON OF GURAPPA, AGED ABOUT 32 YEARS, R/AT NO. 212, 1ST MAIN ROAD, 1ST CROSS, SAKAMMA GARDEN, JAYANAGAR, BENGALURU - 560 041. ... PETITIONERS (BY SRI.BHARGAV.N, ADVOCATE) AND:
THE STATE OF KARNATAKA, THROUGH YESHWANTHPURA POLICE STATION (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU). ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.333/2018 (C.C.NO.2916/2019) OF YESHWANTHAPURA P.S., BANGALORE FOR THE OFFENCE P/U/S 364A,395,397,120B,201 R/W 149 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners a and learned HCGP for the respondent-State. Perused the records.
2. Respondent-Police have arrested the petitioners, who were arraigned as accused nos. 8 and 9 in C.C.No.2916/2019 for the offences punishable under Sections 364(A), 395, 201, 397 and 120-B r/w Section 149 of IPC.
3. Case of the prosecution is that one Jeevan Gowda, resident of J.P. Park Back gate, Muthyalanagara, Yeshvantpura has lodged a complaint before the respondent- police alleging that on 27.9.2018 at about 6.30 p.m. in front of his house at Muthyalanagara, Bengaluru, about 3-4 persons covering their faces with kerchiefs have kidnapped his father namely Venkatesh in an Innova car, who was wearing golden chains, bracelet, rings and golden watch. At that time, said car in which his father was kidnapped was followed by other kidnappers in a Bajaj Pulsar Motor Bike. After some time, the motor cyclists fell down and by-standers had caught hold of the pillion rider of the motor cycle and another person was escaped from the spot leaving the motor bike and also the father of the complainant. On that basis the police have registered a case and investigated the matter and laid charge sheet. The allegations made against all the accused are one and same and they are inseparable at this stage.
4. The allegations have to be proved beyond reasonable doubt before the trial court. Further added to that accused nos. 1, 2, 7 and 11 were already released on bail by the Sessions Court itself on various dates. The copies of the orders have been produced for perusal of this Court.
5. Looking to the above said facts and circumstances, the petitioners, who are accused nos. 8 and 9 also stand on the same footing and they are also entitled to be enlarged on the same conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners are ordered to be released on bail in connection with Cr.No.333/2018 (C.C.No.2916/2019) of Yeshwanthapura police for the offences punishable under Sections 364(A), 395, 397, 201 and 120-B read with section 149 of IPC, on their executing personal bonds for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the learned XXIV Additional Chief Metropolitan Magistrate, Bengaluru City, subject to the following conditions:
1) The petitioners shall not threaten, tamper or intimidate the prosecution witnesses;
2) The petitoners shall not indulge in committing similar offences in future.
3) The petitioners shall appear before the Court regularly on all the dates of hearing without fail.
Psg* Sd/- JUDGE