Karnataka High Court
Gagan K @ vs State By on 20 January, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2021
BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.8191 OF 2020
BETWEEN:
GAGAN K. @ GIRISH K.,
S/O. P.KODANDA RAJU,
AGED ABOUT 22 YEARS,
RESIDING AT NO.7, 1ST CROSS,
NEAR SHARADA SCHOOL,
SRI. SHIVAKUMARASWAMIJI LAYOUT,
TOTADAGUDDADAHALLI,
NAGASANDRA BENGALUARU NORTH,
BENGALURU-560 073. ... PETITIONER
[BY SRI. VINAY S., ADVOCATE]
AND:
STATE BY BAGALAKUNTE POLICE STATION,
BANGALORE.
REPRESENTED BY
LEARNED SPP,
BENGALURU-560 001. ... RESPONDENT
[BY SRI. RENUKARADHYA, HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.299/2020 OF BAGALAGUNTE P.S., BENGALURU CITY FOR
THE OFFENCE P/U/S 364A, 342, 324, 504, 506 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by accused No.2 under Section 439 of Cr.P.C, seeking to enlarge him on bail in Crime No.299/2020 of Bagalagunte Police Station, Bengaluru City, registered for offences punishable under Sections 364-A, 342, 324, 504, 506 r/w 149 of IPC.
2. Heard the learned counsel for petitioner and learned HCGP for respondent-state.
3. The above case is registered on the complaint of one Sri. Somashekar S. The petitioner is arraigned as accused No.2 in the FIR. The sum and substance of the complaint averments are that the first informant is working in a company known as Radiant Infra. On 01.11.2020 he had been to the house of his mother-in- law. As he was interested to construct a house, he went along with his wife's uncle to see a site and at about 2.00 p.m returned to the house. Then he had been to purchase some tablets as per request of his wife. At that time, three unknown persons came in an ambulance and 3 kidnapped him and took him towards Chamarajanagar. They covered his eyes with cloth and demanded Rs.40,00,000/- which he had saved for purchasing the site and thereafter assaulted and threatened him with dire consequences. Further, they snatched his credit cards and transferred money from his account using the credit card. Thereafter, they took him to a house in Chamarajanagar wherein accused No.2, the present petitioner, who is a relative of his wife as well as his mother-accused No.3, joined other accused persons and assaulted him etc.,
4. The learned counsel for petitioner has contended that the entire allegations are false. He submits that in view of some dispute between the first informant and his wife, a false complaint has been lodged against the present petitioner as well as his mother viz., accused No.3. He submits that accused no.3 has been enlarged on bail by this Court in Crl.P. No.8069/2020 disposed of on 12.01.2021. He submits 4 that the petitioner was arrested on 03.11.2020. There are no bad antecedents against him and he is ready and willing to abide by any conditions that may be imposed by this Court. Accordingly, seeks to allow the petition.
5. The learned HCGP has opposed grant of bail to the petitioner contending that the investigation is still in progress and therefore, in the event of release of the petitioner, he may tamper with the prosecution witnesses and flee from justice.
6. According to the prosecution three unknown persons kidnapped the first informant and demanded a sum of Rs.40,00,000/- from him which he had saved for purchasing a site. They snatched his credit cards and transferred some amount from his account. It is alleged that, thereafter, they took the first informant to a house in Charmarajanagar wherein, accused No.3 and her son i.e., accused No.2, the present petitioner were present and they assaulted him etc., The learned counsel for the petitioner has contended that the entire genesis of the 5 case has been suppressed by the first informant and the allegations are unbelievable.
7. As per complaint averments, it is seen that, when Bagalagunte Police visited the house of complainant's wife, after receiving a complaint from his friends, she being scared informed the same to this petitioner and her son and thereafter, he was brought back to his house by accused No.3 in an autorikshaw and other accused followed in a car. He has stated that since the accused threatened him, he informed his friends that he is in the hospital and he will return home after his discharge.
8. It is not the case of the prosecution that this petitioner was one of the 3 accused who kidnapped the complainant and also snatched credit cards etc. However, it is alleged that they are friends of the present petitioner. The complainant has suspected the role of his wife as well as this petitioner and his mother who are her relative as persons who had conspired with other 6 accused persons and committed the offence. The prosecution has to establish its case during the course of trial. The petitioner is already arrested and interrogated and not required for any further investigation. Hence, imposing suitable conditions he can be enlarged on bail. Hence, the following:
ORDER Petition is allowed.
The Petitioner/accused No.2 in Crime No.299/2020 of Bagalagunte Police Station, Bengaluru City, registered for offences punishable under section 364A, 342, 324, 504, 506 r/w 149 of IPC shall be released subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-[Rupees Fifty Thousand only] with two sureties for likesum to the satisfaction of the jurisdictional Court.
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ii) The petitioner shall not tamper with
the prosecution witnesses either
directly or indirectly.
iii) The petitioner shall furnish proof of his residential address and inform the Court if there is change in the address.
iv) The petitioner shall appear before the trial Court on all dates of hearing unless exempted for genuine reasons.
Sd/-
JUDGE Ksm*