IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.986/2019 BETWEEN:
Mr. Kamalaksha B.S. Aged 50 years, Son of Late Subbayya, Residing at Vishnu Kripa, Bappolige, Puttur Kasaba Village, Puttur Taluk, D.K. District-574 210. ...Petitioner (By Sri. Y. R. Sadasiva Reddy, Sr. Counsel for Sri. Rahul S. Reddy, Advocate) AND:
The State – Through the Station House Officer, Puttur Rural Police Station, Puttur (Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru. ...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.154/2017 of Puttur Rural Police Station, D.K., Mangaluru City for the offences punishable under Sections 363, 384, 394, 397, 506 r/w Section 34 of IPC and Sections 3 and 25 of the ARMS Act, 1959.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.154/2017 of Puttur Rural Police Station for the offences punishable under Sections 363, 384, 394, 397, 506 read with Section 34 of IPC and Sections 3 and 25 of Arms Act, 1959.
2. I have heard Sri. Y.R. Sadasiva Reddy, learned senior counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 16.12.2017 at about 3.15 p.m., the complainant was proceeding in a car bearing Registration No.KA-02-MJ- 725 at Kowdichar on Sullia-Puttur Road near Ariyadka Village, Puttur Taluk and he was talking in the mobile phone. At that time, accused persons came in Alto Car bearing Registration No.KA-20-P-5683 belonging to accused No.1 and encircled the car of the complainant. Accused No.2 –Koosappa Poojary pulled the key of the car from the complainant, Accused No.3-Shantha shown the pistol and accused No.1 forcibly pulled out the complainant from the car and pushed him to backseat of the car of the complainant. Accused No.2 drove the said car, Accused No.4 drove the car in which they came with accused No.1 and others. They have kidnapped the complainant from the said place and reached Renja Junction through Sullia Padavu road and have proceeded on Ajjikallu road through Chelliadka and reached Kapikadu Junction. Thereafter, proceeded about 4 kms and reached to Kaikara field then, the accused No.1 threatened the complainant with beer bottle and assaulted him with knife. Accused No.2 threatened him by showing pistol, Accused Nos.3 and 4 assaulted him with knife and threatened him. Accused No.1 forcibly obtained the signature of the complainant to 10 revenue documents and 3 vehicle documents and kidnapped him in the same car to Bangaradka and then, accused Nos.1 and 3 assaulted him with knife. Thereafter, kidnapped him in the same car to Thenkila and then as per the information of accused Nos.1 to 4, took the complainant to the office of one Sri. P.P. Hedge - CW.9 there he refused, accused Nos.1 to 4 have given the key of the car to the complainant and put threat to the life as not leave him and his family members if he inform the fact that his signature is forcibly taken on various documents. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned senior counsel for the petitioner that there are financial disputes between the parties. Because of the said financial disputes, a false case has been registered against the petitioner/accused No.1 and other accused persons. It is further submitted that already the other accused persons have been released on bail. On the ground of parity, the petitioner/accused No.1 is also entitled to be released on bail. Further it is submitted that the complainant has given three consecutive statements and in all the statements, there are contradictions and omissions regarding the chain of circumstances and obtaining the signature on various documents. It is further submitted that when the medical records have been seen, it indicates that the complainant has sustained simple injuries. The said injuries do not tally with the allegations made in the complaint. Further it is submitted that the petitioner/accused No.1 is ready to abide by the conditions imposed on him by this Court and ready to offer surety. It is further submitted that the provisions of Sections 363, 394 and 397 of IPC are not attracted and there is no extraction of money, no threat to the life and even nothing has been snatched from the possession of the complainant. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.1 has borrowed the loan from the Bank and the complainant has stood as a guarantor. The bank manager-CW.8 has been convicted and even the C.C. TV footages and other materials clearly go to show that the petitioner/accused is involved in the alleged crime. It is further submitted that the contradictions, which have been pointed out are minor and they are not going to take away the case of the prosecution and accused petitioners have involved in the serious offences, wherein they have kidnapped the complainant and have threatened the life and obtained the signature on various documents. Further it is submitted that petitioner/accused No.1 is a habitual offender and 13 documents have been obtained from the complainant by obtaining his signature. Further it is submitted that 18 cases have been registered as against the petitioner/accused No.1. Even the son of the complainant – CW.7 has also categorically stated the overt-acts of the petitioner/accused No.1. If the petitioner is enlarged on bail, he may again indulge in similar type of criminal activities and he will be threat the complainant. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. Though it is noticed that there are contradictions in the statements given by the complainant, that is the matter which has to be considered and appreciated only at the time of trial.
The contradictions and omissions are to be taken into consideration as per Section 147 of The Indian Evidence Act, 1872. The only question which has to be considered and appreciated by the Court while granting the bail is whether the petitioner/accused No.1 has made out a case to release him on bail and the gravity and seriousness of the offences are involved.
8. By going through the materials which have been produced, it indicates that already the charge sheet has been filed and the investigation has been completed. The only apprehension which has been made by the learned High Court Government Pleader is that 18 cases have been registered as against the petitioner/accused No.1. But it is the specific contention of the learned senior counsel that in all other cases, the petitioner/accused No.1 has been acquitted and 2 cases have been left out and they are only under the Exercise Act and for the Security proceedings.
9. Under the said facts and circumstances, I feel that by imposing some stringent conditions if the petitioner/accused No.1 is ordered to be released on bail, it is going to meet the ends of justice.
10. In that light, petition is allowed.
Petitioner/accused No.1 is enlarged on bail in Crime No.154/2017 of Puttur Rural Police Station for the offences punishable under Sections 363, 384, 394, 397, 506 read with Section 34 of IPC and Sections 3 and 25 of Arms Act, 1959 subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly 3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of criminal activities.
5. He shall not threaten the complainant and his witnesses. If any such act is done, the Court below is at liberty to cancel the bail.
6. He shall mark his attendance once in a month, i.e., 1st of every month, before the jurisdictional police station, till the trial is concluded.
Sd/- JUDGE VBS