Karnataka High Court
Basavaraj S/O Bhairegouda Alagundi vs The State Of Karnataka on 21 February, 2013
-1-
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 21ST DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE B.V.PINTO
CRIMINAL PETITION NO.10232/2013
BETWEEN:
1) Basavaraj
S/o.Bhairegouda Alagundi,
Age 31 years, Occ.: Lab Technician,
2) Basavaraja
S/o. Shankarappa Hullur,
Age 27 years, Occ.: Agriculture,
3) Channabasappa
S/o.Basappa Totad,
Age 23 years, Occ.: Driver,
All are R/o.: Nandakeshwar Village,
Tq.: Badami, Dsitrict Bagalkot.
... PETITIONERS
(BY SHRI ANAND R. KOLLI, ADVOCATE)
AND:
The State of Karnataka,
Rep. by S.P.P.,
High Court of Karnataka,
Circuit Bench, Dharwad,
Through P.S.I.,
Town Police Station, Bagalkot.
... RESPONDENT
(BY SHRI VINAYAK S. KULKARNI, HCGP)
-2-
This criminal petition is filed under section 439 of
Cr.P.C. seeking to enlarge the petitioners on bail in
connection with Crime No.180/2012 registered on the file of
Bagalkot Town Police Station for an offence under Section
364(A) of IPC.
This criminal petition coming on for orders this day, the
Court made the following:
ORDER
This petition is filed seeking bail in Crime No.180/2012 of Bagalkot Town Police Station, registered on 24.12.2012 for the offence punishable under Section 364(A) of IPC.
2. Based on the complaint of one Sri.Suresh, who is an advocate precutting in Bagalkot, the aforesaid case has been registered. It is stated in the complaint that the victim Aravind S/o.Dr.Shivakumar was kidnapped when he was coming to home from school at about 4:00 p.m. on 24.12.2012. It took some time for searching the boy, ultimately, it was found that the boy has been kidnapped. On the basis of the above said information, the complaint came to be lodged before the Bagalkot Town Police Station. The Police have sent the information to all Police Stations though -3- wireless message. The vehicle in which the victim was taken along with accused was detained by the Police belonging to the Kustagi Police Station and thereafter, the accused as well as the victim were brought to the Bagalkot Town Police Station. The FIR came to be registered on the same night. It is stated in the complaint that at the time when the accused phoned up to the house of Dr.Shivakumar, they have demanded Rs.25,00,000/- (Rupees twenty five lakhs only) ransum and told that they will detain the boy if they would not receive the money and also they would kill the boy. The petitioners were arrested on the same night and thereafter, they are in the custody.
3. Heard Sri.Anand R.Kolli, learned counsel appearing for the petitioner and also Sri.Vinayak S.Kulkanri, learned High Court Government Pleader appearing for the respondent-State.
4. The learned counsel appearing for the petitioner submits that the Police have filed an artificial case, since the distance between the Kustagi and the Bagalkot is 120 kms -4- and that the petitioners could not have been available to the Police as alleged by them. Hence, he submits that the petitioners may be enlarged on bail.
5. On the other hand, the learned High Court Government Pleader appearing for the respondent-State strenuously opposes the application for bail.
6. On the basis of the wireless message and the identity of the car in which the victim was taken, the Kustagi Police had detained the vehicle in which the petitioners as well as the victim was found. There is absolutely no artificiality in arresting the accused and further the recovery of the child from their custody. The offence under Section 364(A) of IPC is punishable with death or imprisonment for life. Hence, I am of the view that it is not a fit case for grant of bail. Accordingly, the petition is dismissed.
Sd/-
JUDGE Vnp*