Karnataka High Court
Pavan V vs State Of Karnataka on 12 September, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.5534/2017
C/w
CRIMINAL PETITION NO.5482/2017
AND
CRIMINAL PETITION NO.5815/2017
IN CRIMINAL PETITION NO.5534/2017
Between:
Pavan V.,
S/o Venkatesh Babu,
Aged about 27 years,
R/at No.117, Balaji Layout,
Near Balaji Temple,
Byadrahalli,
Bengaluru-560091. ... Petitioner
(By Sri Mohan Kumar D, Advocate)
And:
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State of Karnataka
By Annapoorneshwari Nagar P.S.,
Represented by learned
State Public Prosecutor
High Court Buildings
Bengaluru- 560 001. ... Respondent
(By Sri S.Vishwamurthy, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C., praying to enlarge him on bail in Crime
No.116/2017 of Annapoorneshwari Nagar Police
Station, Bengaluru City for the offences p/u/Sections
364A, 384, 324 r/w Section 149 of IPC.
IN CRIMINAL PETITION NO.5482/2017
Between:
Siddartha Gowda @ Bore
Gowda @ Psycho Sidda,
S/o Ramegowda,
Aged about 21 years,
R/at No.231,
10th Cross, Ambedkar Nagar,
Ullal Upanagar,
Bengaluru - 560 056. ... Petitioner
(By Sri Ramalinge Gowda H.A., Advocate)
And:
State of Karnataka
Annapoorneshwarinagar Police Station,
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Represented by
State Public Prosecutor
High Court Building Complex
Bengaluru- 560 001. ... Respondent
(By Sri S.Vishwamurthy, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C., praying to enlarge him on bail in Crime
No.116/2017 of Annapoorneshwari Nagar Police
Station, Bengaluru City for the offences p/u/Sections
364A, 384, 324 r/w 149 of IPC.
IN CRIMINAL PETITION NO.5815/2017
Between:
1. Nagesh,
S/o Thimmegowda,
Major, R/at 225, 3rd Cross,
6th main, Nilagiri Thopu,
Sunkadakatte,
Bangalore - 560 091.
2. Bheemesh @ Bheema,
S/o Venkatanarasaiah,
Aged about 26 years,
R/at 129, 3rd Cross,
3rd main, Vinakanagara,
Kamakshipalya,
Bangalore - 560 079 ... Petitioners
(By Sri Srinivasa M.G., Advocate)
And:
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State of Karnataka
By Annapoorneshwari Police Station,
Bangalore City,
Pincode -560091.
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru- 560 001. ... Respondent
(By Sri S.Vishwamurthy, HCGP.)
This Criminal Petition is filed under Section 439
Cr.P.C., praying to enlarge them on bail in Crime
No.116/2017 of Annapoorneshwari Nagar Police
Station, Bengaluru City for the offences p/u/Sections
364A, 384, 324 r/w 149 of IPC.
These Criminal Petitions coming on for orders this
day, the Court made the following:
COMMON ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. These petitioners are in judicial custody since June 2017, in Crime No.116/2017 registered by the respondent police.
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3. During the pendency of the petitions, charge sheet is submitted to the Court in respect of the offences punishable under Sections 120(B), 364(A), 397, 324 r/w Section 149 of IPC.
4. The petitioner of Crl.P.No.5534/2017 is arrayed as accused No.8 and the petitioner of Crl.P.No.5482/2017 is arrayed as accused No.4 and the petitioners of Crl.P.No.5815/2017 are arrayed as accused No.5 and 6 in the chargesheet. 5. The allegation is, the accused Nos.1 to 8 conspired to abduct the complainant and extort money from him. In pursuance of the same, on 03.06.2017 during the night hours, while the complainant and his friend were walking in front of I-7 Bar & Restaurant, they were called inside the Bar. Accordingly, both of them went inside the Bar and one Umesh, Ravi, Manu, Psycho Siddu and five others were inside the Bar, they 6 sent Girish-CW.2 outside, A-1 punched on the face of the complainant, A-2 insisted him to get Rs.1,00,000/-, when the complainant denied to meet their demand, A-1 got a dragger through A-4 and charged towards the complainant. However, A-3 prevented him, A-2 called him outside and threatened him to get money, otherwise to stab with the dragger and inflicted blows on his head. They brought CW.2 to the spot, snatched the complainant's mobile phone, forcibly took both of them in a Toyota Itiyos Car. All of them proceeded in the Car and two motor bikes to vacant space, assaulted both of them with stems of the tree lying over there. Under the threat to his life, they again demanded the amount. By that time, they had already pledged complainant's mobile phone with the Bar cashier. The complainant got Rs.50,000/- by contacting his wife through mobile phone and thereafter CW.1 and 2 were released. Except A-4, the petitioners of Crl.P.No.5815/2017 none of the 7 other petitioners were named in the FIR. They were identified in the police station by CW.1 and 2. No incriminating material is seized at the instance of these petitioners.
6. Learned counsels for the petitioners submit that one knife was recovered from the possession of A-1 and the vehicle allegedly used for the commission of the offence was also recovered from him. Except that, no incriminating material is seized on their arrest from other petitioners. These petitioners have no criminal antecedents and all of them are family holders, residing in permanent address mentioned in the cause title of the petitions.
Having regard to the nature of the allegation and since the investigation is also complete, there is no impediment to allow these petitions. 8
Accordingly, the petitions are allowed. The petitioners in Crl.P.No.5534/2017, Crl.P.No.5482/2017 and Crl.P.No.5815/2017 are granted anticipatory bail in Cr.No.116/2017 registered by the respondent-police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one local solvent surety for the likesum to the satisfaction of the concerned Court.
The surety shall furnish his original documents pertaining to his immovable properties and his identity/Aadhar card for perusal of the Court. He must not have previous history of offering surety in other criminal cases.
ii) They shall attend the Court on all hearing dates regularly and punctually.
iii) They shall not threaten the
complainant and other prosecution
witnesses.
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iv) They shall mark their attendance
before the SHO of the respondent
police station during the office hours of 10 A.M to 5 P.M on every Wednesday till conclusion of trial; and
v) They shall not indulge in any criminal activities.
Any deviation from the above conditions, the Investigating Officer is entitled for seeking cancellation of bail before the trial Court.
Sd/-
JUDGE Mkm*