IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8717/2018 BETWEEN:
Sajith S., S/o Shekar Poojary Aged about 27 years R/a D.No.5-17, Yashodha Nilaya Pilar Post, Kepala, Yellur Udupi District-572 310. (By Sri B. Lethif, Advocate) AND:
.…Petitioner The State of Karnataka by Barke Police Station D.K. District, Represented by the State Public Prosecutor High Court Building Bengaluru-560 001.
… Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in event of his arrest in Crime No.155/2018 of Barke Police Station, D.K. District, for the offences punishable under Sections 120-B, 365, 342, 323, 395, 385, 506 r/w Section 149 of Indian Penal Code.
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.5 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.155/2018 of Barke Police Station for the offences punishable under Sections 120-B, 365, 342, 323, 395, 385, 506 r/w Section 149 of IPC.
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 23.9.2018 complaint was registered alleging that the wife of the complainant is suffering from Psychiatric problem from last 25 years and she was taking medicine for cancer also. It is further alleged that in the month of December 2017 when the complainant was at home, three ladies came to his house for cleaning purpose and took his personal Memory Card from his bed room. It is further alleged that on 23.9.2018 at about 11.30 to 11.45 a.m. the complainant received a phone call from the mobile No.9449065922 to his mobile number 8618114854 by introducing her as Srilatha, president of Rakshana Vedike, Narayana Gouda Faction. It is further alleged that the said lady told him to arrange food and invited him to the place at Lady Hills. It is further alleged that the complainant went to the place at 12.50 p.m. and waited near the Corporation Bank, at that time, a car came with a lady and three gents and a woman told him to sit in the car and took him towards Sadananda Hotel, Surathkal and took him towards a house and in the said house, a man was present and when they reached the place, the accused person took jewellary and cash from the complainant along with Aadhar Card, PAN Card, Driving Licence and other valuables by force. It is further alleged that on last occasion, they took a Memory Card from his house which contains obscene videos with girls. It is alleged that among the accused one of them had demanded Rs.5,00,000/- from the complainant, otherwise, they will kill the complainant and forcibly took signatures for land documents and signatures in the R.C. Transfer Form and assaulted him all over the body and caused grievous injuries. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that only on the basis of the voluntary statement said to have been given by accused No.1, accused No.5 has been placed as accused. He further submitted that already accused Nos.1 and 2 have been released on bail. Even on the ground of parity, the petitioner/accused No.5 is also entitled to be released on bail. He further submitted that the informant is also involved in the illegal and immoral activities and on coming to know the said aspect, accused has also complained to Kadri Police Station and they subsequently handed over the Informant to Barke Police and a case has been registered in this behalf against him. He further submitted that, a false case has been registered against the petitioner. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these ground, he prayed to allow the petition and to release the petitioner/accused on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.5 along with other accused persons have snatched the gold and other articles and they have demanded a ransom of Rs.5,00,000/- from the complainant, otherwise they will take away the life of the complainant. He further submitted that after kidnapping the complainant, they have threatened and have shown the obscene pictures taken out from the mobile phone of the complainant. If petitioner/accused is enlarged on bail, he may tamper with the prosecution evidence and he 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 could be seen from the records it indicates that petitioner and complainant have involved in illegal activities and case and a counter case have been filed in this behalf. Whether the allegations made against the petitioner/accused are going to be proved or not is a matter which has to be considered and appreciated only at the time of trial. The material on record prima facie indicate that at the same time the first accused has also some allegations against the complainant, then under such circumstances, and also on the ground that already accused Nos.1 and 2 have been released on bail, even on the ground of parity, the petitioner/accused No.5 is also entitled to be released on anticipatory bail.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.5 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.155/2018 of Barke Police Station, for the offences punishable under Sections 120- B, 365, 342, 323, 395, 385, 506 r/w Section 149 of IPC, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance before the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission of the Court.
Sd/- JUDGE *AP/-