IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8710 OF 2018 BETWEEN:
SRI A.B.MONNAPPA (DEEPU) S/O LATE BOJJAPPA AGED ABOUT 36 YEARS R/AT HEGGALA VILLAGE VIRAJPET KODAGU DISTRICT – 571 218 ...PETITIONER (BY SRI P.P.HEGDE, ADV.) AND THE STATE OF KARNATAKA THROUGH THE P.S.I. VIRAJPET STATION REPRESENTED BY LEARNED S.P.P. HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.110/2018 OF VIRAJPET TOWN POLICE STATION, KODAGU FOR THE OFFENCE P/U/S 366 R/W 511 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Virajpet town Police have charge sheeted the petitioner in Crime No.110/2018 for the offences punishable under Sections 366(A) & 511 of Indian Penal Code, on the basis of the complaint of C.W.1.
2. It is alleged that on 24.09.2018 at 8.30 am, in Virajpet town the petitioner attempted to kidnap C.W.1 in his autorikshaw No.KA-12-4331. It is further alleged that to avert her kidnapping C.W.1 jumped from autorikshaw and sustained injuries.
3. Though C.W.1 is aged 25 years, the charge sheet is filed for offence punishable under Section 366A I.P.C. which applies to a case of kidnapping of minor.
The offence of kidnap under Section 366 I.P.C. carries imprisonment up-to 10 years and attempting to such offence carries half of the said imprisonment.
4. Incriminating material is already seized.
Except for the trial, detention of the petitioner is not required for any other purpose. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, petition is allowed.
Petitioner is granted bail in Crime No.110/2018 of Virajpet town Police Station, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses in any manner;
4) He shall not involve in any unlawful activities.
Sd/- JUDGE HR