Karnataka High Court
Rahul S vs /O Venkateshappa V/S The State Of ... on 28 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
CRL.P No. 102635 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102635 OF 2022
BETWEEN:
RAHUL S V, S/O VENKATESHAPPA
AGE. 22 YEARS, OCC. STUDENT,
R/O. KANDAGALLU VILLAGE,
TALUK AND DIST. DAVANAGERE-577514
...PETITIONER
(BY SRI. SANTOSH B MALAGOUDAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH PSI,
KOTTURU POLICE STATION,
R/BY ITS ADDL. STATE PUBLIC PROSECUTOR
SPP OFFICE,
HIGH COURT OF KARNATAKA,
DHARWAD-580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING
TO ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL ON SUCH
TERMS AND CONDITIONS AS DEEMED FIT IN KOTTUR P.S. CRIME
NO.141/2022 FOR THE OFFENCES PUNISHABLE U/S 364A OF IPC,
IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.6 IS
CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
CRL.P No. 102635 of 2022
ORDER
This petition is filed by accused No.6 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.141/2022 of Kotturu Police Station registered for an offence punishable under Section 364A of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Sri. T. Halesha, has filed the complaint stating that on 18.07.2022 he had been to Davangere to get his wife T. Kavita treated in the hospital as she was not well. He owns property measuring 60x60 at Kottur village near C.P.Ed ground. He received a call on 18.07.2022 at 4:55pm from unknown persons to his mobile No.7619626745 and enquired him about his property near C.P.Ed ground and whether he was willing to sell the said property. When the complainant asked about whereabouts of the caller, -3- CRL.P No. 102635 of 2022 he was told that he belongs to a village nearby Kottur. The complainant states that, he informed the caller to visit him on 20.07.2022 at Kottur to discuss about the sale of the property. The complainant received a call from the same number on 20.07.2022 and was enquired about the sale of the property. The complainant requested them to come to the tailoring shop behind Guru Textiles Clothing stores. The complainant states that two men came to his Tailoring shop at 11:25am and the complainant was in his shop along with Allahabhaksh and Kodihalli Shambu, the worker in the tailoring shop. The complainant states that, two men aged around 20-22 years approached the complainant and told him that they were the same persons who called regarding sale of the property that belongs to the complainant. It is further stated that, the two men asked the complainant to show the property that was to be sold and asked him to come with them in the car and they would drop him back after the work and -4- CRL.P No. 102635 of 2022 also told him that their uncle was waiting near the said property and discussions regarding the property can be done. The complainant agreed and accompanied them in the car. The car took a wrong turn, as they needed to go to Jolada Koodligi road. But the car made its way towards Ujjini road and the complainant on enquiring them where he was being taken, the person in the front seat took a weapon(Jambe) kept below the seat and threatened to kill him if he did not keep quiet. The complainant states that, the car stopped at Hunasekatte cross where two other men of the same age entered the car and took seats besides him. The complainant states that he was terrified and his mobile was taken away by the accused. The complainant states that he was taken to Davangere via Bilichodu and to Harihara and towards Shimogga road and stopped near a village road. The driver demanded Rs.80,00,000/- from the complainant. The complainant stated that, being a tailor he cannot -5- CRL.P No. 102635 of 2022 afford to pay the said ransom and they can do whatever they deemed fit. One amongst them threatened to kill the complainant by dumping him in the river, to which the complainant stated that, he will arrange money as much as possible in his own capacity. He was handed over his mobile and was asked to call his relatives and ask for money and was informed not to tell anyone about his abduction and that he was threatened to be killed if he informed about his abduction. The complainant called his brother-in-law-B.Veeresh, son of B.Shivadevappa who is a resident of Bandri and asked him to pay Rs.30,00,000/- on the same day as there was urgency, to which Veeresh replied that, he would arrange as much as he can. Thereafter, the complainant called his relative Kiran, a resident of Sandur and asked him for the same amount, to which he replied, he will arrange as much as he can and revert back. The complainant called his one more relative B. Veeresh son of Jagadish for money -6- CRL.P No. 102635 of 2022 and he told that he will arrange soon. The complainant called his relative B.Veeresh in Bandri and asked him to collect the money from Kiran and B. Veeresh from Koodalgi and told that he will inform him the location to hand over the money collected. At 6:30pm, he got a call from Veeresh from Bandri stating that he had arranged a sum of Rs.20,00,000/-. It is further stated that, the accused took him back towards Kotturu and one of the accused got down in a village near Davangere. At 7:30pm, they reached Kottur. The kidnappers asked him to call his relative and asked to bring the money to the petrol bunk located at Ujjaini road. His relative B.Veeresh reached the said location on the night at 7:45pm and told him to handover the money to the persons in the car. On receiving money, the kidnappers released him at the petrol bunk and went towards Kotturu village. The complainant then narrated the incident to B.Veeresh and to his relatives and thereafter the complainant -7- CRL.P No. 102635 of 2022 approached the police and lodged the complaint on the next day at 11:45am. The said complaint came to be registered in Crime No.141/2022 in Kotturu Police Station for the offence under Section 364A of IPC. The Investigating Officer formed 3 teams to nab the kidnappers. On 21.07.2022, the team headed by PSI Chitawadagi Police Station secured accused Nos.1 to 4 and on enquiry with them, they voluntarily accepted about their involvement in the alleged kidnap of the complainant. Similarly, on 21/07/2022 at 11:15pm, the other team headed by CPI H.B. Halli caught hold of the petitioner/accused No.6 and accused No.5 while he was in his hostel and thereafter they were produced before the Investigating Officer and all the accused were sent to the judicial custody. The petitioner filed Crl.Misc.No.5477/2022 seeking bail and the same came to be rejected by order dated 23.08.2022 by the learned III Additional District and Sessions -8- CRL.P No. 102635 of 2022 Judge, Ballari, sitting at Hosapete. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
4. Learned counsel for the petitioner would contend that the complaint has been filed against unknown persons. The team formed by the Investigating Officer have arrested accused Nos.1 to
7. As per the remand application, there is recovery of 4 mobiles, two knives, two iron choppers and cash of Rs.16,52,500/-. The said alleged recovery is omnibus. The petitioner has been arrested only on the basis of the voluntary statement. The petitioner is a student studying in B.Sc. III year and residing in a hostel. The petitioner is ready to co-operate with the police in the investigation. With this, he prayed to allow the petition.
-9-CRL.P No. 102635 of 2022
5. Per contra, learned High Court Government Pleader would contend that investigation is in progress. There is recovery of Rs.25,000/-, mobile phone and Jio SIM from the petitioner/accused No.6. The Investigating Officer has recorded the statement of the witnesses and collected the CCTV footage. The offence alleged against this petitioner is heinous offence punishable with death or imprisonment for life. As investigation is in progress, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses and hamper the investigation. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the FIR, complaint, remand application and the investigation papers facilitated by the learned Government Pleader.
- 10 -
CRL.P No. 102635 of 2022
7. The accusation against this petitioner and other accused is kidnap of the complainant for ransom. As per the averments of the complaint, the accused kidnapped the complainant in the car and demanded Rs.80,00,000/- and thereafter collected Rs.20,00,000/- and released the complainant. This petitioner/accused No.6 came to be arrested on 21.07.2022 when he was in his hostel. There is recovery of Rs.25,000/-, a mobile phone and a SIM card from this petitioner/accused No.6. Investigation is in progress. What is the exact role of this petitioner in the commission of the crime has to be ascertained after completion of investigation and filing of final report. The offences alleged against this petitioner is heinous offence punishable with death or imprisonment for life. Merely because the petitioner is a student studying in B.Sc. III year, is not a ground for grant of bail when the offence alleged against him is heinous offence and when investigation is in progress. Therefore, at this stage,
- 11 -
CRL.P No. 102635 of 2022 when the investigation is in progress, the petitioner is not entitled for grant of bail.
Accordingly, the criminal petition is dismissed.
Sd/-
JUDGE kmv