IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3944/2019 BETWEEN 1. UMESH S/O LATE KEMPANNA AGED ABOUT 31 YEARS R/AT C/O SHIVANNA JINNAMBIKA NAGARA DOMBARAHALLI DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE – 562 162 2. RATHNAMMA W/O UMESH AGED ABOUT 27 YEARS R/AT C/O NARAYANAPPA BHAKTHANAPALYA KASABA HOBLI NELAMANGALA TALUK BANGALORE – 562 123 3. KAVITHA, W/O UMESH AGED ABOUT 28 YEARS R/AT C/O SHIVANNA JINNAMBIKANAGARA DOMBARAHALLI DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE – 562 162 (BY SRI. M.R. MANJUNATH, ADVOCATE) ... PETITIONERS AND THE STATE OF KARNATAKA BY NELAMANGALA TOWN POLICE STATION REP. BY PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX BANGALORE – 560 009 (BY SRI. K.P. YOGANNA, HCGP) …. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.62/2019 OF NELAMANGALA TOWN POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 364-A & 368 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A1 to A3) and the learned HCGP for the respondent-State. Perused the records.
2. Petitioners are arraigned as Accused Nos.1 to 3 in the charge sheet filed by the respondent-Nelamangala Town Police in Crime No.62/2019 for the offence punishable under Sections 364-A and 368 of IPC, in connection with the complaint lodged by CW.1-Divyavathi alleging that, Accused No.2 took CW.1 in a car bearing No.KA 01.MC.567 stating that, somebody should pay some amount to him and therefore, in order to receive money somebody should accompany him; When they reached near railway bridge, Accused Nos. 4 & 5 joined them. When CW.1 questioned about the attitude of Accused Nos. 2, 4 & 5, at that time, Accused Nos. 1 to 4 have gagged her mouth and not allowed her to speak anything. Thereafter, Accused Nos.1 and 3 have kept the CW.1 in the house of CW.3 from 29.03.2019 to 17.04.2019 in demand of Rs.5,00,000/- and in turn, she told them that, she has got one Ankle Chain and Rs.13,000/- in her house. But in spite of that, they kept her in the said place for so many days; In spite of their best efforts, they could not get anything from CW.1. However, on 17.4.2019, CW.1 has screamed for help and at that time, CWs. 3, 15 & 16 have rescued the complainant and thereafter, she went to the concerned jurisdictional Police Station and lodged a complaint.
3. Perusal of the entire material on record revealed that, the accused persons were already arrested in connection with this case on 20.04.2019 and since then, they are in judicial custody.
4. At present, there is no material available on record to show that, a sum of Rs.30,000/- was extracted from CW.1 by any of the accused persons. But, in fact, the said amount has been seized from the house of the complainant. It is shown that, CW.1 was wrongfully restrained for the said period. Therefore, except that, all other allegations require to be established during the course of full-dressed trial.
5. In the above circumstances, considering the nature of the allegations and no specific allegations of any specific damage caused to the complainant, and also considering the period of incarceration of the accused persons, and also the offences alleged are not punishable with death or life imprisonment, and there is previous bad antecedents alleged against the petitioners, they are entitled to be enlarged on bail, subject to some conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners (A1 to A3) shall be released on bail in connection with Crime No.62/2019 of Nelamangala Town Police Station registered against them for the offence punishable under Sections 364-A and 368 of IPC, now pending on the file of the Civil Judge and JMFC, Nelamangala, Bengaluru Rural District, subject to the following conditions:-
i) Each of the petitioners (A1 to A3) shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioners (A1 to A3) shall not tamper the prosecution witnesses.
iii) The petitioners (A1 to A3) shall appear before the jurisdictional Court on all future hearing dates, unless exempted by the Court for any genuine cause.
iv) The petitioners (A1 to A3) shall not leave the jurisdiction of the concerned trial Court without prior permission, till the case registered against him is disposed of.
Sd/- JUDGE KGR*