Karnataka High Court
Ajay Kumar @ Ajith vs State Of Karnataka on 29 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:30741
CRL.P No. 5808 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5808 OF 2023
BETWEEN:
AJAY KUMAR @ AJITH,
S/O KALEGOWDA @ NATHAPPA,
AGED ABOUT 34 YEARS,
DRIVER,
R/AT G YELECHAKANAHALLI VILLAGE,
KOTHATHI HOBLI,
MANDYA TALUK AND DISTRICT,
PIN - 571 478.
...PETITIONER
(BY SRI LAKSHMI KANTH K, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY STATION HOUSE OFFICER,
NANJANGUDU RURAL POLICE STATION,
Digitally NANJANGUD MYSURU DISTRICT,
signed by BY THE STATE PUBIC PROSECUTOR,
PRAMILA G V
HIGH COURT BUILDING,
Location:
HIGH COURT BANGALORE - 560 002.
OF ...RESPONDENT
KARNATAKA (BY SMT SOWMYA R, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.24/2023 OF NANJANGUDU RURAL P.S., MYSURU
DISTRICT FOR OFFENCE P/U/S.397, 364-A, 342, 201, 120-B
OF IPC PENDING ON THE FILE OF THE CIVIL JUDGE AND
J.M.F.C., COURT, NANJANAGUDU, MYSURU AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY THE
COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:30741
CRL.P No. 5808 of 2023
ORDER
Accused No.10 in Crime No.24/2023 registered by Nanjanagudu Rural Police Station, Mysuru District, for the offences punishable under Sections 397, 342, 364A, read with Section 34 of Indian Penal Code (for short hereinafter referred to as 'IPC') is before this Court under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader for respondent - State.
3. Facts leading to the filing of this petition narrated briefly are:
On the basis of the complaint lodged by one Manikantaswamy N.R., FIR was registered in crime no.24/2023 by Nanjanagudu Rural Police Station, Mysuru district for the offences punishable under Sections 397, 342, 364A read with Section 34 of IPC against 6 unknown persons. In the complaint dated 06.02.2023, it is averred that the complainant is a lorry driver of one Sri.Deepak. On 06.02.2023, at about 12.30 p.m., when the complainant was present in the factory along with his -3- NC: 2023:KHC:30741 CRL.P No. 5808 of 2023 employer Deepak, his son Harsha and other persons, 4 persons came in two bikes and other two persons came in a car and parked their vehicles inside the factory premises. One amongst them took out a knife and threatened the complainant and other persons present there and took Deepak and his son Harsha in the car which they had brought. Immediately thereafter the complaint was lodged which had resulted in registering FIR in crime no.24/2023. During the course of investigation, petitioner was arrested on 13.02.2023. Investigation in the case is complete and charge sheet has been filed against 11 accused persons for the aforesaid offences. The petitioner has been arrayed as accused no.10 in the charge sheet. As per the charge sheet allegations, petitioner was the employee of the factory belonging to Deepak and his son Harsha. He had instigated accused no.1 to commit offence and accused nos.2 to 9 had come to the factory premises on 06.02.2023 and forcibly took Deepak and his son Harsha along with them and thereafter demanded a ransom amount of Rs.1 crore. As per the complaint averments, a sum of Rs.40 lakhs was paid to accused no.1 which was subsequently shared by all the accused persons. After receiving -4- NC: 2023:KHC:30741 CRL.P No. 5808 of 2023 the ransom amount accused persons had released Deepak and his son Harsha from their custody.
4. The bail application filed by the petitioner under Section 439 of Criminal Procedure before the III Additional Sessions Judge, Mysuru in Crl. Misc. No.480/2023 was dismissed on 05.04.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.
5. Learned counsel for the petitioner reiterated the grounds urged in the petition and submits that accused nos.1, 2, 8 and 9 have already been granted regular bail. The allegation against the petitioner is that he had conspired along with accused nos.1 to 9 to commit the crime and submits that petitioner has no criminal antecedents and accordingly prays to grant regular bail to the petitioner.
6. Per contra, learned High Court Government Pleader opposed the bail petition and submits that serious charges are made against the petitioner. Therefore, she prays to dismiss the petition.
-5-
NC: 2023:KHC:30741 CRL.P No. 5808 of 2023
7. I have carefully considered the rival arguments of the learned counsel for both sides and also perused the material on record.
8. As per the charge sheet materials, allegation against the petitioner is that he had conspired with accused no.1 to commit the offence and he was also giving information to accused nos.1 to 9 about the whereabouts of Deepak and his son Harsha. As per the charge sheet accused nos.2 to 9 had come to the factory premises on 06.02.2023 and after threatening the complainant and other persons present in the factory premises had forcibly taken Deepak and his son Harsha along with them in their car and thereafter demanded a ransom amount for the purpose of releasing Deepak and his son Harsha. It is only after accused no.1 received a sum of Rs.40 lakhs from the relative of Deepak, accused persons had released Deepak and his son Harsha. In the incident that had taken place on 06.02.2023 the petitioner was not present. The accused nos. 1, 2, 8 and 9 who have played an active role in committing the crime have been granted regular bail by the Sessions Court after filing of the charge sheet. The petitioner is in custody since 13.02.2023. The statement made by the -6- NC: 2023:KHC:30741 CRL.P No. 5808 of 2023 learned counsel for the petitioner that the petitioner has no criminal antecedents has not been seriously disputed by the learned High Court Government Pleader.
9. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail.
10. Accordingly, I pass the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.24/2023 registered by Nanjanagudu Rural Police Station, Mysuru district the offences punishable under Sections 397, 342, 364A read with Section 34 of IPC subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless -7- NC: 2023:KHC:30741 CRL.P No. 5808 of 2023 the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE GVP