Karnataka High Court
Sri Mahaboob Subhani vs The State By Jaya Nagar Police on 29 September, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4431/2020
BETWEEN:
Sri.Mahaboob Subhani
Aged about 33 years
S/o Sri.Sikandar Sab
No.237, 1st Cross
Holehonnur Road
Anwar Colony
Bhadhravathi
Shivamogga District.
(Judicial Custody)
...Petitioner
(By Sri. Prabhakara Laxman Shetty, Advocate)
AND:
The State by
Jaya Nagar Police
Shivamogga.
...Respondent
(By Sri. M. Divakar Maddur, HCGP).
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the Petitioner on bail in Crime
No. 57/2020 of Jayanagar Police Station, Bangalore for
the offences punishable under Sections 364A, 395 of
Indian Penal Code.
-2-
This Criminal Petition coming on for Orders
'through Video Conference', this day, the Court made
the following:
ORDER
The present petition has been filed by petitioner- accused No.4 under Section 439 of Cr.P.C., praying this Court to release him on bail in Crime No.57/2020 (pending on the file of I Additional District and Sessions Judge, at Shivamogga) of Jayanagara Police Station for the offences punishable under Sections 364A and 395 of IPC.
2. I have heard the learned counsel Sri. Prabhakara Laxman Shetty. for the petitioner- accused No.4 and learned High Court Government Pleader Sri. M. Divakar Maddur for the respondent - State.
3. The genesis of the case of the prosecution is that the complainant used to get massage in Nisarga Massage Parlour at Shivamogga. The accused No. 2 told -3- the complainant to get the massage through accused No. 3 and accordingly on 28.05.2020 the complainant had the massage in Nisarga Massage Parlour. On 09.06.2020, the accused No. 2 told the complainant to get the massage and accordingly at 11.45 p.m., he came to Nisarga Massage Parlour. When he came for the massage inside the massage parlour, nine unknown boys came to the parlour and got removed the underwear of the complainant and the accused No. 3 herself removed her clothes and videograph of the complainant and the accused No. 3 was recorded. Thereafter they threatened the complainant that they will file a case for sexual harassment and snatched an amount of Rs. 17,000/- and a mobile phone from him. Thereafter, the said nine persons kidnapped the complainant in an auto to a vacant place near Dadamaghatta, Bhadravathi at 01.00 p.m. and they tied him to a coconut tree and assaulted him. The accused No. 1 and 2 also came to that place and threatened the -4- complainant that if he is not ready to pay Rs. 25 lakhs they would upload the video of the complainant and accused No. 3 in the internet. The complainant refused to pay the said amount, but ultimately he agreed to pay Rs.10 lakhs and thereafter they gave the mobile phone to him and let him off. He received the threatening calls to his mobile phone, demanding for money. On the basis of the complaint, the case has been registered.
4. The learned counsel for the petitioner - accused No.4 submits that the alleged incident has taken place on 09.06.2020 and thereafter the compliant has been registered. The name of the petitioner- accused No. 4 is not found in the contents of the complaint, only at the time of filing of charge sheet, he has been included as accused only on the basis of the voluntary statement of other accused. It is further submitted that no mobile phone has been recovered and what is the serious overtact made by the petitioner- -5- accused No. 4 has not been stated. It is further submitted that the petitioner-accused No. 4 has been implicated in the said case. He is ready to abide by any of the conditions that may be imposed by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioner-accused No.4 on bail.
5. Per contra the learned High Court Government Pleader for respondent - State vehemently argued and submitted that all the accused persons together kidnapped the complainant by showing the video and they have threatened and tried to extract a sum of Rs. 25 lakhs. It is further submitted that the petitioner-accused by using mobile phone, had called and threatened the complainant and he has also instigated other accused persons to assault the complainant. It is further submission that the call details have also been collected. It indicates the -6- involvement of the petitioner-accused No. 4 in a serious crime of kidnapping for a ransom. On these grounds, he prays to dismiss the petition.
6. I have carefully gone through the submissions made by learned counsel appearing for the parties and perused the records and the charge sheet material.
7. Already charge sheet has been filed. On perusal of the charge sheet material, there are no serious overtacts alleged as against the petitioner- accused No. 4. Though it is contended by the learned High Court Government Pleader that the petitioner- accused No.4 has instigated other accused persons to assault, but it is a matter which has to be considered only during the course of trial. The allegation is that he used mobile phone and threatened for payment of ransom which also has to be considered at the time of -7- trial. The alleged offences are not punishable with death or imprisonment for life.
8. Taking into consideration the above said factual matrix on hand, I am of the considered opinion that by imposing some stringent conditions, if the petitioner -accused No.4 is released on bail, it is going to meet the ends of justice.
9. In that light, the petition is allowed. Petitioner - accused No.4 is ordered to be released on bail in Crime No.57/2020 (pending on the file of I Additional District and Sessions Judge, at Shivamogga) of Jayanagara Police Station for the offences punishable under Sections 364A and 395 of IPC with following conditions:-
i) Petitioner-accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.-8-
ii) He shall be regular in attending the trial Court proceedings, unless he is exempted for any good reasons.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall not threaten or tamper the prosecution evidence directly or indirectly.
v) He shall not indulge in similar type of criminal activities.
vi) He shall mark his attendance once in a month on every first between 10.00 a.m. to 05.00 p.m., till the trial is concluded.
vii) If any one of the conditions are violated, the bail is liable to be cancelled.
Sd/-
JUDGE mbb