IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.15/2019 c/w CRIMINAL PETITION No.16/2019 IN CRIMINAL PETITION No.15/2019: BETWEEN:
Krishna S @ Dori S/o Srinivasa Aged about 19 years R/at No.22, Near Madduramma Temple, 12th Main, BTM Layout 1st Stage, Tavarekere, Bengaluru-560 029.
…Petitioner (By Sri Chandrahasa Rai B., Advocate) AND:
The State of Karnataka by Kaggalipura Police Station, Bengaluru Rural Represented by State Public Prosecutor High Court Building, Bengaluru-560 001.
…Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.187/2018 (C.C.No.5094/2018) of Kaggalipura Police Station, Ramanagar District, for the offences punishable under Sections 120B, 324, 364A, 448 and 506 r/w. Section 34 of Indian Penal Code.
IN CRIMINAL PETITION No.16/2019: BETWEEN:
Sathyanarayana @ Sathya @ Jinke S/o Ramesh Aged about 20 years R/at No.104, Near Madduramma Temple, 12th Main, BTM Layout 1st Stage, Tavarekere, Bengaluru-560 029.
(By Sri Chandrahasa Rai B., Advocate) AND:
The State of Karnataka by Kaggalipura Police Station, Bengaluru Rural, Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Sri M. Divakar Maddur, 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.187/2018 (C.C.No.5094/2018) of Kaggalipura Police Station, Ramanagar District for the offences punishable under Sections 120B, 324, 364A, 448 and 506 r/w. Section 34 of Indian Penal Code.
These Criminal Petitions coming on for Orders this day, the Court made the following:-
O R D E R Criminal Petition No.15/2019 has been filed by accused No.4, Criminal Petition No.16/2019 has been filed by accused No.1 under Section 439 of Cr.P.C. to release them on bail in Crime No.187/2018 of Kaggalipura Police Station, for the offences punishable under Sections 120B, 324, 364A, 448, 506 r/w Section 34 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent/State.
3. The gist of the complaint is that complainant is the resident of Chandrashekar layout. On 24.04.2018 at about 4.00 p.m. complainant and her husband were in front of their house along with their two children. When children were playing in front of the house, at that time an auto rickshaw came from pipeline road and in the said auto rickshaw there were three people including the driver. Two persons sitting in the said auto rickshaw came out suddenly and entered the compound of the house of the complainant and they were holding knives in their hands. One of them fisted on the abdomen of the husband of the complainant and showed a knife and told him to go inside the house with the complainant and the children without making any galata, they also threatened that they are going to stab them. Another person who was also holding the knife told the complainant and her husband to go inside the house along with the children. The complainant and the husband of the complainant went into the house, one of them attempted to snatch the child from the hands of the complainant. The complainant was holding the child strongly and firmly and the said accused pushed her with force, on account of which she fell down on the ground with the child in her hand and the other person was also showing the knife at her husband and he was attempting to snatch her daughter who was aged about four years. Since the husband was preventing the same, one of the accused assaulted with knife causing grievous injuries and mother-in-law of the complainant came to rescue the child, she was stabbed on her hands and fingers, they were threatened the complainant and others who were present. Thereafter, both of them went out of the house taking the child in their hands demanding them to pay a ransom amount for releasing the said child and they also instructed that they should not inform the said fact to the police. On the basis of the said complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioners that petitioners/accused are innocent and they have not kidnapped the child and even they have not demanded the ransom. He further submitted that already accused No.3 has been released on bail by this Court. On the ground of parity, the petitioners/accused are also entitled to be released on bail. He further submitted that the main accused is accused No.2, on whose master mind the alleged incident has taken place. Already charge sheet has been filed, no specific overt acts have been alleged as against the petitioners/accused. He further submitted that the detention of the petitioners/accused will amounts to pre-trial conviction. He further submitted that the alleged offences are not punishable with death or imprisonment for life and they are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused have taken active part along with other accused persons, they have kidnapped and demanded ransom of Rs.10,00,000/- and they have assaulted mother-in-law and the husband of the complainant and caused grievous injuries. He further submitted that knife, auto-rickshaw, ear studs and mobile phone have been recovered at the instance of the petitioners/accused. He further submitted that if petitioners/accused are released on bail, they may tamper with the prosecution evidence and they may not be available for the trial. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As per the contentions of the learned counsel for the petitioners already accused No.3 has been released on bail and on the ground of parity the petitioners/accused are also entitled to be released on bail. I have carefully and cautiously gone through the contents of the complaint and other materials, though there is no specific allegation made as against the petitioners/accused for having involved in the alleged crime, the only allegation which has been made is as against accused No.1 that he was holding the knife and he has snatched the child and went from the place. Be that as it may. The alleged offences are not punishable with death or imprisonment for life. No Test Identification Parade is also conducted for the purpose of identification of the accused, whether it is petitioners/accused Nos.1 and 4 who are present at the place of the alleged incident. When already charge sheet has been filed, further detention will amount to nothing but pre-trial conviction and sentence.
8. Under the said facts and circumstances and as held above, already accused No.3 has been released on bail, I feel that if by imposing some stringent conditions if petitioners/accused are ordered to be released on bail, it is going to meet the ends of justice.
9. In the light of the discussions held by me above, the petitions are allowed and petitioners/accused No.4 and 1 are ordered to be released on bail in Crime No.187/2018 of Kaggalipura Police Station, for the offences punishable under Sections 120B, 324, 364A, 448, 506 r/w Section 34 of Indian Penal Code, subject to the following conditions:
i) Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the trial Court.
ii) They shall not tamper with the prosecution evidence directly or indirectly.
iii) They shall appear before the trial Court till the trial is concluded.
iv) They shall mark their attendance in the jurisdictional police once in a month till the trial is concluded.
v) They shall not leave the jurisdiction of the Court without prior permission of the Court.
*AP/-
Sd/- JUDGE