Karnataka High Court
Sri Sathisha vs The State Of Karnataka By Sho on 31 August, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.6103/2017
And
CRIMINAL PETITION NO.6388/2017
IN CRIMINAL PETITION NO.6103/2017
BETWEEN:
Sri. Sathisha,
S/o. Muthu Raj,
Aged about 28 years,
R/at: No.1, 3rd Cross,
100 feet road, Reshmenagar,
Ganigarapalya,
Kanakapura Main Road,
Bengaluru -560 058.
...Petitioner
(By Sri. H.V. Bhanuprakash , Advocate)
AND:
The State of Karnataka by SHO,
Thalaghattapura Police Station,
Bangalore -560 062.
...Respondent
(By Sri. S. Vishwamurthy, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.209/2017 of
Thalaghattapura Police Station, Bangalore for the offence
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punishable under Section 506, 504, 384, 307, 323, 324,
342 and 363 of IPC and under Section 5 and 39 of
Karnataka Money Lenders Act, 1961, Section 3 and 4 of
Karnataka Prohibition of Charging Exorbitant Interest Act,
2004.
IN CRIMINAL PETITION NO.6388/2017
BETWEEN:
Prakash
S/o Munibyregowda
Aged about 31 years,
R/at No.8th Cross,
3rd Main, C.T.Bed Road,
B.S.K. 3rd Stage,
Bengaluru - 560 085. ...Petitioner
(By Sri. B. Anand, Advocate)
AND:
State of Karnataka by
Talagattapura P.S.
Bengaluru ...Respondent
(By. Sri.S.Vishwamurthy, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.209/2017 of
Talaghattapura Police Station, Bengaluru City, for the
offence p/u/s 506, 504, 384, 307, 323, 324, 342 and 363
read with 34 of IPC and U/S 5 and 39 of Karnataka Money
Lenders Act, 1961, Section 3 and 4 of Karnataka
Prohibition of charging Exorbitant Interest Act, 2004.
These Criminal Petitions are coming on for orders
this day, the Court made the following:
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ORDER
Since the petitioners in these petitions are arraigned as accused persons in the remand application filed by the respondent police in Crime No. 209/2017, both the cases are taken together for consideration.
2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent.
3. The petitioners apprehend their arrest by the respondent police in crime No.209/2017 registered in respect of the offence under Sections 506, 504, 384, 307, 323, 324, 342 and 363 of IPC, Sections 5 and 29 of Karnataka Money Lenders Act, 1961 and Sections 3 and 4 of Karnataka Prohibition of Charging Exorbitant Interest Act, 2004. At column No.6 of the First Investigation Report one Kumar and four unnamed others are shown as accused persons. Subsequently, during the course of investigation they are arrayed as accused No.1 and 4 respectively.
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4. The allegation is, the complainant owed Rs.10.00 lakhs to one Basavaraju. In that context the son of Basavaraju/First Accused/Kumar @ Shivakumar abducted him illegally, confined him in a dilapidated house, inflicted blows to him, threatened his wife over phone to finish off her husband if money is not paid. Took him in the car near his house and released him and collected Rs.5.00 lakhs from the inmates of the house.
5. Learned counsel for the petitioner submits that petitioners are falsely implicated.
6. Similarly placed accused Nos.3 and 6 are granted anticipatory bail. In the given circumstance, having regard to the facts and circumstances of the case there is no impediment to allow the petition.
7. Petitions are allowed. Petitioners are granted anticipatory bail in crime No. 209/2017 registered by the respondent police for a limited period of three weeks, subject to following conditions.
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1. Within the above period, they shall surrender before the concerned Court and move for bail.
2. Till disposal of regular bail petition by the concerned Court, this order will be in force.
3. If they are arrested within the above period by the respondent-Investigating Officer, they shall be released on bail on executing a self bond for a sum of Rs.50,000/- each with one surety for the likesum.
Sd/-
JUDGE BVK