IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.278/2019 BETWEEN :
Syed Sabbir Syed Mansoor Aged about 22 years R/at No.G-5, Suvastva Apartment 14th Cross, Channakeshava Nagar Bengaluru-560 100.
… Petitioner (By Sri Prabhugoud B. Tumbigi, Advocate) AND :
The State of Karnataka by Koramangala Police, Bengaluru, Represented by its State Public Prosecutor High Court Building Bengaluru-560 001.
… Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.414/2018 of Koramangala Police Station, Bengaluru City, for the offences punishable under Sections 143, 144, 147, 148, 504, 506B, 120B and 364A 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 is filed by accused No.1 under Section 439 of Cr.P.C. praying to release him on bail in CC.No.386/2019 on the file of 45th Additional CMM Court, Bengaluru City, arising out of Crime No.414/2018 of Koramangala Police Station for the offences punishable under Sections 143, 144, 147, 148, 504, 506B, 120B, 364A r/w. Section 149 of IPC and Section 84 of Juvenile Justice (Care and Protection of Children) Act, 2015.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the complainant is studying in II PUC in Chaitanya College at Koramangala and on 10.12.2018 at about 8.20 a.m., he went to his college and after finishing the classes at about 5.00 p.m. he went to St. Francis Bus Stop to meet his friend Prashanth. After having talks, Prashanth left and in the meanwhile petitioner who was known to the complainant came along with others in two wheeler and forcibly took the complainant on the bike and after taking him to mini forest area, opposite to Agra lake, they abused and threatened the complainant by showing the knife, to pay Rs.15,000/- every month and if he is not going to pay the said amount, he will lose his body parts. Thereafter the complainant came and informed the same to the parents and complaint has been filed and a case has been registered.
4. It is the submission of the learned counsel for the petitioner that complaint itself clearly goes to show that the petitioner was known to the complainant and only because of misunderstanding the said complaint has been registered. Already the investigation has been completed and the charge sheet has been filed. Therefore, the petitioner is not required for the purpose of further investigation. He further submitted that the alleged offences are not punishable with death or imprisonment for life. The petitioner will face the trial and he will not jump the trial. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner by taking the minor complainant has threatened and asked to pay a ransom of Rs.15,000/- per month. He has also abused and assaulted the complainant. He further submitted that accused Nos.2 and 3 have absconded and are not available for investigation and interrogation. At this juncture, if the petitioner is released on bail, he may tamper with the prosecution witnesses, may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records including the contents of the complaint and other material which has been made available. It discloses that the petitioner was known to the complainant since one year and the alleged offences are not punishable with death or imprisonment for life. Already charge sheet has been filed and the petitioner is not required for the purpose of investigation. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.1-petitioner herein is enlarged on bail in CC.No.386/2019 on the file of 45th Additional CMM Court, Bengaluru City, arising out of Crime No.414/2018 of Koramangala Police Station for the offences punishable under Sections 143, 144, 147, 148, 504, 506B, 120B, 364A r/w. Section 149 of IPC and Section 84 of Juvenile Justice (Care and Protection of Children) Act, 2015, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner.
iii) He shall not indulge in similar type of criminal activities till the trial is concluded.
iv) He shall mark his attendance once in fifteen days between 10.00 a.m. and 5.00 p.m., before the jurisdictional police till the charge sheet is filed.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-