Karnataka High Court
Harish K L vs State Of Karnataka By on 21 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:29539
CRL.P No. 5038 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5038 OF 2023
BETWEEN:
HARISH K.L. S/O. LAKKAPPA.N.,
AGED ABOUT 44 YEARS,
R/AT NO.1, 1st BLOCK,
POLICE QUARTERS,
JOGUPALYA, VTC ULSOOR POST,
H.A.L 2ND STAGE, BENGALURU - 560 008.
...PETITIONER
(BY SRI. ARUN KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHO, BAGALURU PS,
REP. BY GOVT. PLEADER,
HIGH COURT BUILDING,
BENGALURU - 560 001.
Digitally 2. M.B. SHIVARAMAYYA S/O. BYATAPPA,
signed by B A
KRISHNA AGED ABOUT 65 YEARS,
KUMAR
Location:
R/AT: MANCHANAHALLI VILLAGE,
High Court of
Karnataka MARENAHALLI PANCHAYATHI,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 106.
...RESPONDENTS
(BY SMT. SOWMYA R, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.61/2023, REGISTERED
AT BAGALURU POLICE STATION BENGALURU CITY FOR THE
OFFENCES P/U/S 364A, 342, 389 R/W 34 OF IPC, PENDING ON THE
FILE OF LEARNED CIVIL JUDGE AND JMFC, DEVANAHALLI AND
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NC: 2023:KHC:29539
CRL.P No. 5038 of 2023
ORDER PASSED IN V ADDITIONAL DISTRICT JUDGE BENGALURU
RURAL SITTING AT DEVANAHALLI IN CRL.MISC.NO.15093/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Accused No.2 in Crime No.61/2023 of Bagalur Police Station, Bengaluru City, registered for the offences punishable under Sections 364A, 342, 389 read with Section 34 of IPC, pending on the file of Civil Judge and JMFC, Devanahalli, is before this Court under Section 439 of Cr.P.C., seeking regular bail.
2. Heard the learned counsel for the parties.
3. As per the complaint averments, on 18.03.2023 at about 4.00 p.m., accused No.5 had gone to the house of CW.1 and informed CW.1 that he is intending to take back his luggage from the office room of said witness. CW.1 therefore sent CW.2 along with accused No.5. CW.2 and accused No.5 have gone to HB hallow bricks factory, which belongs to CW.1. Accused No.5 allegedly informed CW.2 that he will show the Tiger skin to accused Nos.6 -3- NC: 2023:KHC:29539 CRL.P No. 5038 of 2023 and 7 and accordingly, he showed the Tiger skin to them. Thereafter, accused Nos.2 and 4 allegedly caught hold of accused No.5 and accused Nos.1, 3 and 8 came there and forcibly abducted CW.2 and demanded a sum of Rs.50,00,000/- to release him. They allegedly threatened CW.1 stating that CW.2 would be implicated in a criminal case. It is in this background, a complaint was lodged by CW.1, which resulted in registering FIR in Crime No.61/2023 against one Mallappa and four unknown persons for the offence punishable under Section 364A read with Section 34 of IPC. During the course of investigation, the petitioner was arrested on 21.03.2023. Investigation in the case is completed and charge sheet has been filed. The bail application filed by the petitioner before the V Additional District and Sessions Judge, Bengaluru Rural, Sitting at Devanahalli, under Section 439 of Cr.P.C. in Crl.Misc.No.15093/2023 was dismissed on 06.04.2023. It is under these circumstances, the petitioner is before this Court.
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4. Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that the allegation against accused Nos.1 and 2 are identical. Accused No.1 is a Sub-Inspector of Police and accused No.2 is a Head Constable. He submits that this Court in Crl.P.No.6471/2023, disposed of on 09.08.2023 has granted anticipatory bail to accused No.1 and therefore, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader who has opposed the bail application, does not dispute that allegation against accused Nos.1 and 2 are similar and she also does not dispute that accused No.1 has been granted anticipatory bail by this Court in Crl.P.No.6471/2023.
6. After completion of investigation, charge sheet has been filed in the present case as against eight persons for the offences punishable under Sections 364A, 342, 389, 120B read with Section 34 of IPC. From the perusal of charge sheet material, it is seen that the allegation as -5- NC: 2023:KHC:29539 CRL.P No. 5038 of 2023 against accused Nos.1 and 2 are almost similar. Accused No.1 has been granted anticipatory bail by this Court after filing of the charge sheet, in Crl.P.No.6471/2023, which was disposed of on 09.08.2023. The petitioner who is Police Constable is in custody since 21.03.2023. Investigation in the case is completed and charge sheet has been filed. Under these circumstances, I am of the view that the petitioner has made out prima-facie case for grant of regular bail. Accordingly, the following:
ORDER Criminal petition is allowed. The petitioner-accused No.2 is directed to be enlarged on bail in Crime No.61/2023 of Bagalur Police Station, Bengaluru City, registered for the offences punishable under Sections 364A, 342, 389 read with Section 34 of IPC, subject to the following conditions:
1. Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;-6-
NC: 2023:KHC:29539 CRL.P No. 5038 of 2023
2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
4. 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.
5. Petitioner shall not involve himself in similar case in future.
SD/-
JUDGE SMJ List No.: 1 Sl No.: 42