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Prashanth And Others vs State Of Karnataka By

High Court Of Karnataka|27 April, 2017
|

JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2422/2017 BETWEEN:
1. PRASHANTH S/O KRISHNAPPA AGED ABOUT 29 YEARS R/AT NO.84, AMBEDKAR COLONY NARAYAN NAGAR CHANDAPURA ANEKAL BANGALORE – 562 158.
2. HARISH KUMAR S/O SAMPATH AGED ABOUT 22 YEARS R/AT NO.262, 4TH ‘B’ CROSS LALBAGH ROAD, K.S.GARDEN S.R.NAGARA BANGALORE – 560 011. …PETITIONERS (BY SRI A.SWAMINATH, ADV.) AND:
STATE OF KARNATAKA BY SHO, SIDDAPURA P.S. BANGALORE CITY REPTD. BY GOVT. PLEADER HIGH COURT BUILDING BANGALORE CITY. …RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.15/2017 OF SIDDAPURA POLICE STATION, BANGALURU CITY, FOR THE OFFENCE P/U/S 364A AND 384 OF I.P.C.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners are arraigned as A-2 and A-6 in the charge sheet submitted by the respondent-police in their Cr.No.15/2017 in respect of the offences punishable under sections 364-A, 384, 120-B, 323, 506 of IPC. Initially FIR was registered against unknown persons. During the pendency of this petition, charge sheet is filed.
3. The prosecution story is, the victim is the business partner of A-12. They had a issue among themselves about some money matter. A-12 conspired with A-4, A-7 to A-10 in pursuance of which, they got the signature of the victim over a Memorandum of Understanding for Rs.20 lakhs on 18.1.2017. After the signature was obtained, A-4, A-7 to A-10 abducted the victim, took him to Eucalyptus plantation at Narayana Ghatta, Anekal Taluk, Bengaluru Rural District. The accused threatened him and demanded for ransom of Rs.2 lakhs. However, the victim was rescued by the police. A-1 to A-6 were arrested from the spot. A-5 and A-6 similarly placed are enlarged on bail by the order of this Court in Crl.P.No.1674/2017 dated 24.4.2017. Investigation having been complete, having regard to the nature of the allegation, there is no impediment to allow the petition.
Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.15/2017 registered by respondent police, subject to following conditions:
(i) The petitioners shall execute a self bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall produce his Identity/Aadhar Card and original title deeds pertaining to his immovable property for perusal of the Court and he shall not have the history of offering the surety to the accused in any other criminal case;
(i) They shall attend the Court regularly on all hearing dates and shall not indulge in any criminal activities; and (ii) They shall not terrorize the complainant/ prosecution witnesses.
Dvr:
Sd/- JUDGE
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Title

Prashanth And Others vs State Of Karnataka By

Court

High Court Of Karnataka

JudgmentDate
27 April, 2017
Judges
  • Rathnakala