IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6868/2017 BETWEEN:
SRI KIRAN KUMAR @ KIRAN S/O NARASIMHA MURTHY AGED ABOUT 24 YEARS, R/AT NO.134, 2ND CROSS VENKATESHWARA LAYOUT AEROHALLI, ANDRAHALLI BENGALURU – 560 091 (BY SRI GIREESHA J.T., ADV.) …PETITIONER AND:
STATE OF KARNATAKA, BY BAGALGUNTE P.S. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (BY SRI S. VISHWAMURTHY, HCGP.) THIS CRL.P IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.286/2017 OF BAGALAGUNTE POLICE STATION, BENGALURU, FOR THE OFFENCES P/U/Ss.363, 342, 506 AND 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner is in judicial custody in crime No.286/2017 registered by the respondent police. During the pendency of the petition, on completion of the investigation, the Investigating Officer has submitted charge sheet against eight accused persons in respect of the offences punishable under Sections 120(b), 364(a), 342, 395, 397 of IPC r/w. Section 149 of IPC. Present petitioner is arrayed as accused No.4.
2. The allegation is, on 06.07.2017, accused Nos.1 to 4 got entry into the Car of CW.1, the petitioner- accused No.4 threatened him under a knife point to drive the vehicle as per his direction; abducted him to a residential rented house; accused Nos.1 to 8, confined the complainant illegally, coerced him for money and accused No.3 assaulted him with Machette. After due deliberation, the complainant agreed to pay Rs.1,00,000/-. Accused No.1 snatched his ATM cards, two I-phones and cash of Rs.15,000/- and released him from the custody.
3. Learned counsel for the petitioner submits that there was a money dispute between the complainant and accused No.1 and the petitioner has no role in the alleged offences.
4. Heard the learned counsel for the petitioner, learned HCGP for the State and perused the charge sheet papers.
5. At the instance of this petitioner, Rs.400/- cash amount and a knife from a open space is recovered. On the voluntary statement of accused Nos.1, 3 and 5, two mobile phones and weapons are seized. As per the wound certificate, victim has suffered simple injury. Complaint is lodged after two days of the incident that is on 07.07.2017. The petitioner since not shown to have criminal antecedent, and investigation is complete, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.286/2017 of the respondent-Police, subject to following conditions:
(i) He shall execute a self-bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court on all hearing dates regularly.
(iii) He shall not terrorize or threaten or prevail upon the prosecution witnesses.
(iv) Violation of any of the above conditions, entitles the Investigating Officer to seek for cancellation of bail before the trial Court.
Sd/- JUDGE nvj