Karnataka High Court
Sri G Sunil Kumar vs The State Of Karnataka on 15 May, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MAY, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2785/2018
BETWEEN:
1. Sri.G. Sunil Kumar
S/o Gopalappa
Aged about 36 years,
R/a No.32, Nakshatra Nilaya,
1st Cross, 1st Stage,
Chikkananjundappa Layout,
Kalkere Horamavu Post,
Bangalore - 560 043.
2. Sri.Keerthi Raj B.G
S/o Basavaraju,
Aged about 24 years,
R/a. No.78, 2nd Stage,
3rd Cross, Nagarbhavi,
Bengaluru - 560 072.
3. Sri.R.Manjunatha
S/o T.Raju,
Aged about 19 years,
R/a. No.36, 9th Cross,
4th Block, Nandini Layout,
Bangalore - 560 096.
...Petitioners
(By Sri. Chandramouli H.S, Advocate)
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AND:
The State of Karnataka
By the Police of
Jnanabharathi Police Station,
Bangalore City.
(Represented by the State Public Prosecutor)
...Respondent
(By Sri.S.Vishwamurthy, HCGP)
This petition is filed under section 438 of Cr.P.C.,
praying to enlarge the petitioners on bail in the event of
their arrest in Crime No.65/2018 of Jnanabharathi
Police Station, Bangalore for the offences punishable
under Sections 143, 144, 147, 148, 363, 342, 323, 307,
397, 506 r/w 149 of IPC and Sections 3, 25, and 27 of
Arms Act.
This petition is coming on for orders this day, the
Court made the following:
ORDER
This petition is filed under Section 438 of Cr.P.C on behalf of Accused Nos.1, 6 and 7.
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2. Learned HCGP has not filed statement of objections but has orally opposed the petition.
3. Heard the learned counsel for the petitioners and learned HCGP.
4. The FIR is registered based on the complaint lodged by one Girish alleging that the complainant was working as supplier in Kuteera Park Land Bar and Restaurant. The wife of accused No.1 by name Deepa and one Thoushith were regularly visiting the said Bar and the complainant was serving them at the table. On 25.02.2018 at about 5.30 P.M., both of them had drinks in the Bar and placed an order for meals but in between they walked out of the Bar. It is alleged that on 28.02.2018, the complainant was kidnapped by the accused persons in a car and was unlawfully confined in a farm house of accused No.1. It is further alleged that suspecting that the complainant was carrying on 4 illicit relationship with the wife of accused No.1, he was threatened by showing a pistol.
5. The learned counsel for the petitioners submits that the incident has taken place on 28.02.2018. The complaint was lodged only on 02.03.2018. Accused No.1 was suspecting that the complainant was carrying on illicit relationship with his wife. The entire incident has taken place without any intention to commit the alleged offences. The investigation is completed and hence he prays for an order of bail in favour of the petitioners.
6. The learned HCGP submits that incriminating evidence have been collected from the possession of the accused and the material so far collected from the petitioners prima facie make out the alleged offences; therefore, the petitioners are not entitled for bail.
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7. In view of the allegations made in the complaint, the custodial investigation of accused No.1 is necessary. The incriminating material is required to be recovered from his possession. Hence accused No.1 is not entitled for anticipatory bail. However in sofar as petitioner No.2 and 3 are concerned, their involvement in the offence is not specific and therefore they deserve to be admitted to bail.
8. Hence, the following:-
ORDER
1. The petition filed on behalf of petitioner No.1/accused No.1 Sri. G. Sunil Kumar is rejected.
2. The petition filed on behalf of petitioner Nos.2 and 3/accused No. 6 & 7 viz., Sri. Keerthi Raj B.G. and Sri. R. Manjunatha is allowed. Petitioners No.2 and 3 / accused Nos.6 and 7 are directed to appear before the Investigating Officer within 10 days from the date of this order and on their appearance, the Investigating 6 Officer shall interrogate them and enlarge them on bail on the same day subject to the following conditions:-
a. Petitioners No.2 and 3/accused Nos.6 and 7 shall furnish a bond for Rs.1.00 lakh (Rupees One lakh only) each with one surety each for the likesum to the satisfaction of the Investigating Officer; b. Petitioners No.2 and 3/accused Nos.6 and 7 shall appear before the Investigating Officer as and when required;
c. Petitioners No.2 and 3/accused Nos.6 and 7 shall not threaten or allure the prosecution witnesses; and d. Petitioners No.2 and 3/accused Nos.6 and 7 shall mark their attendance in Jnanabharathi Police Station, 7 Bengaluru on the last day of every calendar month until submission of the final report.
Sd/-
JUDGE UN/SN