IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.9972/2017 BETWEEN:
KARTHIK S/O M.GUNASHEKAR, AGED ABOUT 22 YEARS, R/O NO.4, 9TH CROSS, ANNAYAPPA GARDEN, HAL 3RD STAGE, BENGALURU-560 017.
... PETITIONER (BY SRI SATISH R.GIRJI, ADV.,) AND:
THE STATE OF KARNATAKA BY JEEVANBHIMANAGAR POLICE STATION, BENGALURU.
REP. BY SPP, HIGH COURT OF KARNATAKA, ANNEXURE TO COURT BUILDING, BENGALURU-560 001.
... RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) 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.470/2017 OF JEEVAN BHEEMANAGAR P.S., BANGALORE FOR THE OFFENCE P/U/S 364A, 385 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The complaint is lodged in Crime No.470/2017 by the respondent-Police Station for the offences punishable under Sections 364A and 385 read with Section 34 of IPC.
2. It is stated in the complaint that on 28.11.2017 at about 11.00 am., the complainant was kidnapped by accused No.1 and took him to Standards Bar situated at New Thippasandra Main Road. It is further alleged that accused No.1 assaulted the complainant on his face and snatched Rs.43,000/- from the complainant.
3. Learned counsel for the petitioner would submit that accused No.1 also drew Rs.25,000/- from the account of the complainant by using ATM Card and thereafter, they went to Bar and threatened the complainant of life. It is further submitted that the petitioner is going to get married.
Therefore, the petitioner is ready to abide by any condition that may be imposed by this Court.
4. Learned High Court Government Pleader opposes the bail application.
5. From the above facts and circumstances of the case, it appears to be just and proper to grant the relief of anticipatory bail to the petitioner.
6. Accordingly, petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No.470/2017 of the respondent-Police Station for the offences punishable under Sections 364A and 385 read with Section 34 of IPC, subject to the following conditions:
i) Petitioner-accused shall execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum;
ii) Petitioner shall not terrorize the witnesses or tamper with the prosecution evidence;
iii) Petitioner shall not leave the Karnataka border without the permission of the committal Court.
Sd/-
JUDGE PB