IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7943/2019 BETWEEN KOTRESH @ KOTE S/O SIDDAIAH AGED ABOUT 28 YEARS R/AT CHIKKAGOLLARAHALLI MAGADI MAIN ROAD LAKSHMIPURA POST BENGALURU – 560 060 ... PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND STATE BY VIJAYNAGAR POLICE STATION BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.52/2019 OF VIJAYANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 364(A), 365, 120(B), 146, 147, 341, 342, 384, 395, 307 R/W 149 OF IPC AND SECTION 3 AND 27 OF ARMS ACT AND SECTION 3 OF KARNATAKA CONTROLLED ORGANIZED CRIME ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.6 in the charge sheet filed by the police in connection with Crime No.52/2019 of Vijayanagar Police Station for the offences punishable under Sections 364(A), 365, 120(B), 146, 147, 341, 342, 384, 395, 307 r/w 149 IPC and Section 3 & 27 of Indian Arms Act and Section 3 of Karnataka Control of Organised Crime Act, 2000 (hereinafter referred to as ‘KCOC Act’ for short).
3. The complainant by name Kiran Kumar.B. S/o. Bhadraiah, lodged a missing complaint stating that on 19.2.2019 in the morning hours at 5.30 a.m., his father went for walking and did not return and while going, he did not take his mobile. His best efforts to trace him are went in vain, therefore, by giving details of all the features of his father, he requested the jurisdictional Police to search his father. During the course of investigation, the police found that the accused persons have abducted him for ransom and threatened him with dire consequences of killing him, if the demanded amount is not paid and after some time, they released him.
4. On careful perusal of the entire materials on record, the case revolves around the statement of the said Bhadraiah who has not only given statement u/s.161 of Cr.PC. before police but also he gave 164 Cr.PC. statement before the jurisdictional Magistrate.
5. On perusal of the statement of the victim and entire charge sheet papers disclose that, there was previous rivalry between one Ravi (A1) and the said Bhadraiah, with regard to running of Educational Institutions by said Bhadraiah, who is the father of the complainant. The said Bhadraiah has been running a school by name Poornima Kannada Higher Primary School, Hegganahalli and he was the founder and Secretary of the alleged institution. It is the stated that, the said Bhadraiah has been running schools from Montessory up to PUC in the said Institution. One of the accused by name Ravi (A1) is the founder of Students and Parents Jagruthi Vedike and he has been making allegations against the teachers and the management of the Institution of the said Bhadraiah and often lodging complaints and also agitating the issues of fee structure, ceat matrix and the facilities given by the Institutions to the Students. On several occasions Accused No.1 (Ravi) has also conducted Processions, Dharnis against many Institutions including the Institution of the said Bhadraiah.
6. In the said background, it is alleged that on 19.2.2019, when the said Bhadraiah at about 6.40 a.m., was returning to his house, about two persons abruptly pushed him into a car and the said persons have slapped on the cheek of Bhadraiah and thereafter they took him to Chikkagollarahatti village. At the said place, another car came and the said Bhadraiah was transferred to that Car, in which Accused No.1 was also there. So all of them took Bhadraiah, the father of the complainant to Sathyamangala Forest Area near Kollegal and they detained Bhadraiah. Thereafter, the Accused No.1 and one Madappa came back. Later, on the same day in the afternoon, the complainant came to know that the persons, who abducted said Bhadraiah are Siddappa, Rangaswamy, Bhadrappa.
7. The allegations in the charge sheet disclose that, Accused No.1 was holding two rifles in his hand and he gave one to Siddappa and thereafter they took him to some other place, which is like a hillock area. It is alleged that at that place the petitioner demanded Rupees Two Crores or to hand over 7,200 square feet of land to the name suggested by Accused No.1, in spite of the said Badraiah telling that the said property is not in his name and it is his ancestral property. It is also stated that, the accused persons have threatened Bhadraiah with dire consequences of killing him, if he do not pay an amount of Rs.10 lakhs. It is also alleged that during that time, Accused No.1 has taken the signatures of Bhadraiah on many documents and also letters showing payment of amounts to some Government Officers, Ministers etc., Lastly, he demanded an amount of Rs.10 lakhs and asked the said Bhadraiah to telephone to his son to pay the amount and thereafter he also demanded to pay an amount of Rs.50,000/- per month to him. When the said Bhadraiah refused for the same, Accused No.1 assaulted him with his hand and another person assaulted him with a club. Ultimately, on 23.2.2019 at about 11.00 a.m., Accused No.1 and others have released the victim Bhadraiah by paying an amount of Rs.1,000/- for bus fare. However, one Rangaswamy has snatched the watch from Bhadraiah. Thereafter at about 3.30 p.m., the said Bhadraiah by catching a bus proceeded to Bengaluru and telephoned to his son about the above said circumstances. On the basis of the above said allegations and the statement of the victim, a case has been registered against the petitioner and others and the charge sheet has been filed.
8. Learned counsel for the petitioner has brought to the notice of this Court that, the main allegations are made against Accused No.1 (Ravi); Though the petitioner is arraigned as Accused No.6, Accused No.1 has initiated cases against the alleged victim-Bhadraiah in Writ Appeal No.4315/2016, 4316/2016 and 4931/2016 wherein an order dated 06.01.2017 has also been passed; Accused No.1 is the person who raised voice against the Institutions of said Bhadraiah and took direction to the Government with reference to the fee structure and other facilities to be given to the students to safeguard the interest of the students, parents etc.; Therefore, in order to take revenge against Accused No.1, the complainant incorporated the names some persons including this petitioner and in that context, the said case has been registered against them; In the complaint no specific overt-acts have been alleged against this petitioner (A6), except stating that, he was also present along with the Accused No.1 in other car, in which the victim- Bhadraiah was taken to the Forest Area. The learned counsel for the petitioner has also brought to the notice of this Court that, Accused No.1 has already approached this court and this court in Criminal Petition No.6597/2019 vide order dated 20.11.2019, has enlarged Accused No.1 on bail.
9. Coming to another important point that the police have invoked KCOC Act against this petitioner also. This Court has in detail discussed the above said aspect in Paras- 8 & 9 of the order dated 20.11.2019 passed in Criminal Petition No.6597/2019 and doubted invocation of KCOC Act. It is stated that, so far as Accused No.1 is concerned, some cases are still pending, but in none of the cases, the charge sheet has been filed against any of the accused persons to show that, at least more than one charge sheet has been filed against any of the accused persons. Particularly, so far as this petitioner is concerned, the order passed by the Commissioner on 20.05.2019 does not disclose that, any cases are pending against him, muchless considering that he is a Member of an Organized Syndicate.
10. In the said facts and circumstances of the case, some doubts arise in the mind of the Court.
Therefore, when Accused No.1 has already been released on bail, in my opinion, this petitioner (A6) is also entitled to be enlarged on bail, on the ground of parity, on certain conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A6)-Kotresh @ Kote shall be released on bail in connection with Crime No.52/2019 of Vijayanagar Police Station, Bengaluru City, for the aforesaid offences pending before the Court of Principal City Civil and Sessions Judge, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE