IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.8618/2018 C/W.
CRIMINAL PETITION NO.7164/2018, CRIMINAL PETITION NO.726/2019.
IN CRL.P. NO.8618/2018: BETWEEN :
Harminder Singh @ Shelly S/o Late Surnith Singh Major in age R/o Chak Sharif Village Gurudaspur District Punjab State-147 001 (By Sri. M.Sharass Chandra, Advocate) AND :
State of Karnataka by Ramanagara Rural P.S. Represented by State Public Prosecutor High Court of Karnataka, Bangalore-560 001 (By Smt. Namitha Mahesh, B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.510/2017 (C.C.No.25/2018) of Ramanagara Rural Police Station, Ramanagara District, for the offences punishable under Sections 120B, 364A, 365, 368, 342, 323, 324, 370, 384, 385, 386, 387, 302, 201 r/w 34 of Indian Penal Code.
IN CRL.P. NO.7164/2018: BETWEEN :
Sri. Parsh Ram @ Parsha S/o Ramkumar Aged about 27 years R/at Khera Kheavati Village Safido Post, jind District Haryana State-26112 (By Sri. A.V. Ramakrishna, Advocate) AND :
… Petitioner The State by Ramanagara Rural Police Station Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001 … Respondent (By Smt. Namitha Mahesh, B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.510/2017 (C.C.No.25/2018) of Ramanagara Rural Police Station, Ramanagara District for the offences punishable under Sections 120-B, 364(A), 365, 368, 342, 323, 324, 370, 384, 385, 386, 387, 302, 201 r/w 34 of Indian Penal Code.
IN CRL.P. NO.726/2019: BETWEEN :
Sumit @ Mitu S/o Suresh Kumar Aged about 22 years R/at Khera Kheavati village Safido, Jind District Haryana State.
… Petitioner (By Sri. Malithumanoor, Advocate - absent) AND :
The State by Ramanagara Rural P.S.
Rep by State Public Prosecutor High Court Building Bengaluru-560 001 … Respondent (By Smt. Namitha Mahesh, B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.510/2017 (C.C.No.25/2018) of Ramanagara Rural Police Station, Ramanagara District, for the offences punishable under Sections 120B, 364A, 365, 368, 342, 323, 324, 370, 384, 385, 386, 387, 302, 201 r/w 34 of Indian Penal Code.
These Criminal Petitions having been heard and reserved on 08.03.2019 coming on for pronouncement of orders this day, the Court made the following:-
O R D E R Criminal Petition No.8618/2018 is filed by accused No.1; Criminal Petition No.7164/2018 is filed by accused No.3; and Criminal Petition No.726/2019 is filed by accused No.2 under Section 439 of Cr.P.C. to enlarge them on bail in SC.No.79/2018 on the file of III Additional District and Sessions Judge, Ramanagar (CC.No.25/2018 on the file of Principal Civil Judge, Senior Division and JMFC., Ramanagar) arising out of Crime No.510/2017 of Ramanagara Police Station for the offences punishable under Sections 120B, 364A, 365, 368, 342, 323, 324, 370, 384, 385, 386, 387, 302, 201 r/w. Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioners-accused and the learned HCGP for the respondent-State.
3. The gist of the complaint is that on 6.12.2017 at about 5.30 p.m., complainant noticed a group of people gathered by the side of his village road and out of curiosity he went there and noticed a dead body thrown into bush. He realized that some miscreants have committed the murder. He went to the Police Station and filed the complaint. During the course of investigation, it revealed that the said dead body was that of one Surinderpal Singh of Punjab. The relatives of the deceased identified the dead body based on his photographs. It is the case of the prosecution that accused No.1 being a travel agent at Punjab used to pretend that he sends the persons to Canada by taking his commission. It is further revealed that on 4.12.2017 at about 9.30 p.m., CW.14 and the deceased were sent by accused No.1. They took the flight from Mumbai to Bengaluru and after arrival, accused No.6 took them in a taxi to an unknown place and thereafter confined them in a house. It is further case of the prosecution that on 5.12.2017 at about 3.00 a.m., accused Nos.8 to 11 assaulted CW.14. Accused Nos.2 and 3 also assaulted the deceased and other inmates with hockey stick and threatened them to make a call to their relatives to give Rs.20 Lakhs to accused No.1 by stating that CW.16 got boarding pass to go to Canada. It is further case of the prosecution that on 6.12.2017 at about 3.00 a.m., again they insisted CW.14 to make a phone call to his relatives that he has reached Canada and after taking the amount of Rs.20 lakhs from CWs.14 and 16, they sent back them to their village on 9.12.2017. It is further case of the prosecution that on 5.12.2017, accused Nos.8 to 11 threatened the deceased to make a phone call to his relatives stating that he got a flight to Canada and to give Rs.20 Lakhs. When the deceased refused to make a call, accused Nos.2, 3, and 8 to 11 and the driver assaulted on his face and other parts of the body and threatened him that they would take away his life and at about 3.00 or 3.30 a.m., accused Nos.8 and 10 assaulted the deceased with iron rod and hockey stick on the face, head and other parts of the body. At that time, accused Nos.2, 3, 9, 11 and other accused persons were holding the deceased and they have also assaulted him and told that they would take away his life if he informs their said acts to the police. Under the impression that if he is released, he may inform the police, they took away the life of the deceased and on 5.12.2017 at about 9.00 p.m., the car driver took the body of the deceased and thrown out into the bush. During the course of investigation, accused persons have been apprehended and after completion of investigation, the charge sheet has been filed.
4. It is the submission of the learned counsel appearing for accused No.1-petitioner in Criminal Petition No.8618/2018 that earlier the case was registered against unknown persons. Subsequently, accused No.1 was apprehended and his voluntary statement was recorded on 2.3.2018. The only allegation which has been made as against accused No.1 is that he has conspired with other accused persons and only on assurance of getting commission, he sent the deceased and other persons. He was not the member of the syndicate. Even there is no evidence to show that accused No.1 conspired with the other accused persons. No recoveries have been made at his instance and no overt acts have been stated. He further submitted that accused No.1 is ready to abide by any conditions imposed by this Court and ready to offer sureties.
5. It is the submission of the learned counsel for accused No.3-petitioner in Criminal Petition No.7164/2018 that the dead body of the deceased has not been identified and a missing complaint was registered on 15.1.2017 in Punjab and thereafter accused No.1 has been apprehended and his voluntary statement has been recorded. He further submitted that there are no eye witnesses to the alleged incident and no incriminating material has been produced to connect accused No.3 to the alleged crime. He further submitted that no Test Identification parade has been conducted as contemplated under law. Only photographs of the accused persons were shown to identify the accused persons which is against the provisions of Section 9 of Indian Evidence Act. He further submitted that already investigation has been completed and charge sheet has been filed. Accused No.3 is not required for the purpose of interrogation or investigation and he is ready to abide by the conditions imposed by this Court and ready to offer sureties.
6. It is contended by accused No.2-petitioner in Criminal Petition No.726/2019 that there is no common intention or overt acts, or recovery from the possession of accused No.2 or any of the incriminating material as against accused No.2. It is further contended that accused No.2 is ready to abide by the conditions imposed by this Court and ready to offer sureties.
7. On the above grounds, learned counsel for the petitioners prayed to allow the petitions and to release the petitioners on bail.
8. Per contra, the learned HCGP by substantiating the objections filed, vehemently argued and submitted that accused No.1 being a travel agent, in furtherance of common intention contacted the deceased, CWs.14 and 16 and sent them to Bombay and from there to Bengaluru. When they were taken and confined in a house, the passports were seized from the possession of the deceased and others and thereafter the accused persons pressurized them to make call to their relatives to give money. CWs.14 and 16 have given cash to the accused persons to the tune of Rs.20 Lakhs each. The accused persons hatched a plan and conspiracy to extract the money by wrongfully detaining them under the guise that they will be sent to Canada. She further submitted that CWs.14 and 16 have identified the accused persons who have kept the remaining persons in a house. She further submitted that accused No.1 is the kingpin who used to send the people to other accused persons and five cases are pending as against accused No.1. In all those cases, the same modus operandi has been used. She further submitted that Thanda police have also registered a case as against accused Nos.1 to 3. She further submitted that the place where the accused have committed the murder of the deceased have shown the place from where stains of blood and other articles have been seized along with 108 passports. She further submitted that the first charge sheet has been filed seeking liberty to file additional charge sheet. Still the police are investigating the case as to how many persons have been duped in the same fashion. At this juncture, if the petitioners are enlarged on bail, they may hamper the prosecution case and they may change the direction of the investigation. She further submitted that many unemployed youths have been used as victims with an assurance of getting job in foreign countries. Human trafficking is considered to be a serious offence. She further submitted that the accused persons have committed the murder of the deceased by assaulting him with hockey stick, rod and other articles. The said offence is punishable with death or imprisonment for life. The petitioners-accused are the members of inter-State human trafficking gangsters. They are the habitual offenders by constituting a syndicate and are involved in committing such offences of abduction, extraction, human trafficking, kidnapping of unemployed youths. They are having good network and they are professionally involved in such offences. If they are released on bail, again they may indulge in similar type of criminal activities, they may abscond and they may not be available for trial and they will be menus to the society. There are no good grounds made out so as to release the petitioners on bail. Hence, she prayed to dismiss the petitions.
9. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
10. Before considering the submissions made by the learned counsel appearing for the parties, I want to place on record as to what are the parameters which the Court has to keep in mind while considering the bail application, which have been elaborately discussed by the Hon’ble Apex Court in paragraph-112 of its decision in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others, reported in (2011) 1 SCC 694, which read as under:-
“112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:
(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;
(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;
(iii) The possibility of the applicant to flee from justice;
(iv) The possibility of the accused’s likelihood to repeat similar or other offences;
(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;
(vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;
(vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because overimplication in the cases is a matter of common knowledge and concern;
(viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;
(ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
(x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.”
11. On close reading of the aforesaid decision, it has been enumerated that the Court must evaluate the entire available material against the accused very carefully. The Court must also clearly comprehend the exact role of the accused in the case including the position of the accused under Sections 34 and 149 of IPC and thereafter the balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should not be any harassment, humiliation and unjustified detention of the accused. Keeping in view the said aspect, let me consider the facts of the case on hand.
12. It is the specific case of the prosecution that accused No.1 being the travel agent under the guise of sending persons to Canada used to send them to other accused persons by taking commission and in that light on 3.12.2017 he sent CW.14 and the deceased to Bombay and Bengaluru and thereafter confined in a house. It is accused Nos.2 and 3 used to assault and threaten them and other persons to make phone calls to their relatives and friends to extract money by telling that they have already got boarding passes to go to Canada. If amount is not paid, then under such circumstances, accused Nos.2 and 3 used to assault them. Even the statement of the witnesses clearly goes to show that accused Nos.2, 3, 8, 9, 10 and 11 used to assault with hockey stick, iron rod, etc. In that context, they have also assaulted the deceased Surinderpal Singh when he refused to make a phone call to his relatives to give Rs.20 Lakhs. Subsequently by realizing the fact that if he is left free, he may inform the police, they assaulted him and ultimately caused his murder and thereafter in order to screen the evidence, took the body in a car and thrown into bush. Even while so assaulting they used to tell that they have to credit the amount to the account of accused No.1. In that light, it indicates that accused No.1 has conspired with other accused persons and he is the kingpin in the said crime. There was a syndicate to do such crimes. These acts clearly go to show the involvement of accused Nos.1, 2 and 3-petitioners herein and other accused persons in the said crime. There are specific overt acts alleged as against each of the accused persons. Though it is contended by the learned counsel for the petitioners that the complaint was registered against unknown persons, subsequently the accused persons have been apprehended. CWs.14 and 16 who were also there along with the deceased and who have paid the amount and got released from the custody of the accused have identified and substantiated the case of the prosecution with reference to act of the each of the accused. Even the recoveries have also been done at the instance of the accused-petitioners. Taking into consideration the material placed on record, it reveals that the petitioners have been involved in human trafficking and used to collect ransom by threatening the victims. By causing grievous injuries to the deceased, they committed his murder. The said act of the petitioners-accused Nos.1 to 3 appears to be a serious offence. They have been involved in a case which is punishable with death or imprisonment for life.
13. From the above facts and circumstances, I am of the opinion that while considering the bail application, the Court should not only look into the fact as to whether the accused persons will be available for the purpose of trial and there is no likelihood of they being absconded, but also to see the gravity of offence in which the accused have been involved and the fact that accused persons will not involve in similar type of criminal offences and the effect including the far fetching effect on the society. Trafficking of a human beings itself is considered to be a very serious offence. Even the said act is prohibited under the law as well as under the Constitution of India. It is not only the liberty of the accused which has to be looked into by this Court but it has to be kept in mind whether the accused persons have intervened the other persons’ life and liberty by confining them in a confined house, ill-treating and harassing them. Now a days such activities are being increased and the accused persons are taking it as a profession. It is submitted by the learned HCGP that five cases have already been registered as against accused No.1 and some cases have also been registered as against accused Nos.2 and 3. In all those cases, the accused persons have adopted the same modus operandi for extracting money by confining the human beings. It appears that it is a syndicate to commit such offence and it is a big racket at the national and international level. If such activities are not snubbed at the inception, such activities will be increased and the same will become menus and big problem in the society. In that light, I feel that these are not fit cases to grant bail to the petitioners. If they are enlarged on bail, they may abscond and they may not be available for trial and there may be every likelihood of they being involved in similar type of criminal activities.
In the light of the discussion held by me above, the petitioners have not made out any case so as to release them on bail. Hence, petitions are liable to be dismissed and accordingly they are dismissed.
Sd/- JUDGE *ck/-