IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 11TH DAY OF JANUARY 2018 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION No.102521/2017 BETWEEN 1. SRI. M. MAHESH GOUD S/O. PEDDA SUBBA RAYUDU, AGE:37 YEARS, OCC:TRUCK DRIVER, R/O. HUSEACAPURAM VILLAGE, TAL:DHONE, DIST:KURNOOL, ANDHRA PRADESH.
2. SRI LOKESH @ LOKESHWAR REDDY S/O. SUNKI REDDY, AGE:51 YEARS, OCC:WATCHMAN, R/O. H.NO.77-125-17-4(2), BHAGAVAN NAGAR, KALLUR ESTATE, KALLUR, DIT:KURNOOL, ANDHRA PRADESH.
3. SRI G HARENDRA @ HARI @ RAMUDU S/O. RANGANNA, AGE:29 YEARS, OCC:TRACTOR DRIVER, R/O. H.NO.7/464/3, BESIDE YALLAMMA TEMPLE, RAMANAGAR, TAL:DHONE, DIST:KURNOOL, ANDHRA PRADESH.
4. SRI KANAGANI BALARANGUDU S/O. LATE KANAGANI ACHANN, AGE:46 YERS, OCC:CLEANER, R/O. BEHIND THE PEDDANNA TEMPLE, UPPARA STREETM RAYALCHAR, YADKI MANDALAM, DIST:ANANTHAPUR, ANDHRA PRADESH.
(BY SRI B ANWAR BASHA, ADV.) AND THE STATE OF KARNATAKA THROUGH SUB INSPECOTR OF POLICE, BRUCEPET POLICE STATION, BALLARI, NOW REPRESENTED BY SPP, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD.
(BY SRI PRAVEEN K. UPPAR, HCGP) . PETITIONERS . RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO GRANT BAIL TO THE PETITIONERS IN S.C.NO. 94 OF 2016 ON THE FILE OF COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI (CRIME NO. 20 OF 2016 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143, 147, 341, 323, 506 AND 364-A READ WITH SEC. 149 OF IPC BY THE RESPONDENT BRUCEPET POLICE STATION BALLARI).
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 439 of Cr.P.C. seeking enlargement of bail in Crime No.20/2016 of Brucepet Police Station registered for the offences punishable under Sections 143, 147, 341, 323, 506 & 364- A read with Section 149 of IPC.
2. The facts of the case are that the victim Ganesh is said to have been abducted by the accused No.1 with the assistance of other accused for recovery of a loan given by him to one Hari, who is said to be the brother-in- law of the victim. In this connection, accused No.1 was insisting the victim to pay back the loan taken by the said Hari. The record would also indicate that earlier accused Nos.3 to 5 had tried to kidnap the wife and daughter of said Hari. In this regard, a criminal case was also filed by the victim. That on 08.02.2016, while the victim was returning to his house, the accused persons assaulted and kidnapped him. At that time, general public tried to catch hold them, one person slipped and ran away towards Bandimot. Thereafter, the complainant enquired and searched her husband. Thus, a case came to be registered in Crime No.20/2016 for the aforesaid offences.
3. Earlier three different petitions were filed by accused persons. In that accused No.6 was only granted bail.
4. Learned counsel for the petitioner would submit that as on the date of disposal of the earlier petition, the investigation was not completed. Now the stage is said to be HBC and final report is filed on 30.04.2016. He would further submit that there is change of circumstance and prays for allowing the petition.
5. It is the case of abducting the sister of victim in the first instance and the victim for second time. At this stage, if the petitioners are granted bail, there would be likelihood of terrorizing the victim and his family. Thus, there does not appear to be a change of circumstance to entitle to seek bail. The petition is rejected.
6. However, the petitioners may file application after the completion of evidence of complainant and other witnesses.
Sd/- JUDGE Naa