IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3581/2019 BETWEEN:
1. Mr. Syed Aslam S/o. Syed Isaq Aged about 46 years Residing at No.E240, C Block Behind Inam Masjid Rashad Nagar Bangalore – 560 045 Presently in judicial custody 2. Mr. Yasin Khan S/o. Allabakhash Aged about 19 years Residing at No.41, Kalleshwara Extn. 7th Cross Hosadurga 577 527 Chitradurga District Presently in Judicial Custody … Petitioners (By Sri S Sreevatsa for Sri. P. Freud Richardson, Advocates) AND:
State by Kadugondanahalli Police Station Kadugondanahalli Bengaluru – 560 001.
(By Sri.K.P.Yoganna, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure, praying to enlarge the petitioners on bail in Cr.No.169/2019 of Kadugondanahalli P.S., Bengaluru for the offence P/U/S 364A, 342, 506, 504 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in connection with their detention pursuant to proceedings in Crime No.169/2019 with respect to the offences punishable under Sections 364A, 342, 506, 504 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was lodged on 04.05.2019 with the respondent Police alleging that the petitioners and others had illegally confined him demanding refund of money that was due from him. It is stated that it is only on the deposit of money in the account of the accused No.1 that the complainant was released. On the basis of the said allegation complaint was lodged, FIR was registered and investigation is in progress.
3. Learned senior counsel appearing for the petitioners states that the question of ransom demanded in the present case does not arise, in the light of the admitted version of the complaint that the complainant was required to refund the amount to accused No.1. Hence, it is submitted that no case is made out under Section 364A.
4. Learned High Court Government Pleader submits that investigation is in progress.
5. However, noticing that petitioner had subjected himself to custodial interrogation and the petitioner is in custody from 04.05.2019 and that the complainant himself makes out a case of cash transaction whereby money was lent by the accused No.1 to the complainant and there was a demand for such repayment, the question as to whether petitioners have committed an offence as made out in the complaint and FIR is a matter to be established during trial.
6. It is noted that the Sessions Court had rejected the petition of the accused seeking to be enlarged on bail. However, in light of the observations made, the bail petition filed by the petitioners under Sec. 439 of Cr.P.C. is allowed and the petitioners are enlarged on bail in Crime No. 169/2019 with respect to the offences punishable under Sections 364A, 342, 506, 504 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.169/2019, within 15 days from the date of release of the order and shall execute a personal bond each for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned Court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present himself and mark his attendance before the concerned Station House Officer once in week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioners shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioners shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE GJM