IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.5071/2018 BETWEEN:
Narasimha Reddy @ Reddy, S/o Thangappa, Aged about 27 years, Residing at Sapthagiri Nagar, Hosakerehalli, BSK III Stage, Bengaluru- 560 085.
(By Sri.Ramesha H.N., Advocate) AND:
The State of Karnataka, By Girinagara Police Station, Represented by Special Public Prosecutor, High Court of Karnataka, 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.198/2017 of Girinagar Police Station, Bengaluru City and in S.C.No.660/2018 pending on the file of LXIX Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 143, 144, 146, 147, 148, 448, 364(A), 120(B), 387 and 506 r/w 149 of IPC and Sections 3, 7(A), 25(1-B) and 25(1A) of Indian Arms Act.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.198/2017 of Girinagar police station for the offences punishable under Sections 143, 144, 146, 147, 148, 448, 364(A), 120(B), 387 and 506 r/w Section 149 of Indian Penal Code and Section 3, 7(A), 25(1-B) and 25(1A) of Indian Arms Act.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 19.7.2017 at about 9.30 p.m. accused No.1 along with other members of the unlawful assembly came with deadly weapons in front of Tata Paramount Apartment gate at Saptagiri and trespassed into the flat and kidnapped the Faculty Manager and thereafter they have demanded a ransom and thereafter they have committed the offence. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused Nos.4 and 5 have been released on bail, on the ground of parity accused No.1 is also entitled to be released on bail. He further submitted that there is civil dispute pending between the parties and the same has been reiterated in the complaint also. Now only with an intention to harass the petitioner, the said complaint has been registered. He further submitted that already charge sheet has been filed and he is 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 petitioner/accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that accused No.1 is a member of unlawful assembly by carrying the deadly weapons, he went to the said apartment and kidnapped the Manager and asked Rs.2 Crores to release the kidnapper. He further submitted that the petitioner/accused is having bad antecedents, he was carrying automatic pistols and even the gold articles and pistol have been recovered at the instance of the petitioner/accused. He further submitted that the petitioner/accused is habitual offender and 15 cases have been registered against the petitioner/accused. He further submitted that he has jumped the bail and violated the conditions imposed by this Court. During the course of Test Identification Parade the complainant and others have identified the accused for having involved in the alleged crime. 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. Without expressing anything on merits of the case, as could be seen from the submissions made by the learned counsels appearing for the parties and specially the learned High Court Government Pleader submitted that there are 15 cases have been registered as against the petitioner/accused and he is having bad antecedents and already he has violated the bail conditions and jumped the bail and when he was carrying the lethal weapons including automatic pistol. All these activities clearly goes to show that if he is released on bail, again he is going to involve in similar type of criminal activities.
8. In the light of the discussions held by me above, the petitioner has not made out any good grounds to release him on bail. Hence, the petition is dismissed.
Sd/-
JUDGE *AP/-