Karnataka High Court
Smt Latha vs State By Bagalagunte Police Station on 12 January, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.8069/2020
BETWEEN:
Smt. Latha
Aged about 79 years,
W/o. Kodandaraju P,
R/at. Sigenhalli Main Road,
Bagalagunte,
Bengaluru - 560 073. ... Petitioner
(By Sri. B. Ravindra, Advocate)
AND:
State by Bagalagunte Police Station
Rep. by State Public Prosecutor,
High Court Building,
Bengaluru-560 001. ...Respondent
(By Sri. Tejesh P, HCGP)
This Criminal Petition is filed under Section 439 of Cr.P.C.
praying to enlarge the petitioner on bail in Crime No.299/2020 of
Bagalagunte Police Station, Bengaluru City for the offences
punishable under Section 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.3 under section 439 of Cr.P.C. to enlarge her on bail in Crime No.299/2020 of Bagalagunte Police Station registered for offences punishable under sections 364A, 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. Somashekara S. The petitioner is arraigned as accused No.3 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 the 3 time, three unknown persons came in an ambulance and 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, a relative of his wife as well as his mother accused No.3, the present petitioner joined the other accused persons and assaulted him etc.,
4. The learned counsel for the petitioner has contended that the entire allegations are false. Petitioner is a woman. She was arrested on 03.11.2020 and since then she is languishing in judicial custody. He contended that in view of the dispute between the first informant and his wife a false complaint has been lodged. He further submits that the persons who are alleged to have 4 kidnapped the first informant have not been arrested and the petitioner is already interrogated and she is not required for any further interrogation. Accordingly, seeks to allow the petition.
5. Per contra, learned High Court Government Pleader has vehemently opposed grant of bail to the petitioner contending that she may tamper the witnesses and flee from justice, in the event of her release and seeks to reject the petition.
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. It is alleged that they took the first informant to the house in Charmarajanagar wherein the present petitioner and her son were present and they assaulted him etc., The learned counsel for the petitioner has contended that the entire genesis of the case has been suppressed by the first informant and the allegations are unbelievable. As per complaint 5 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 the petitioner in an auto 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.
7. The petitioner was arrested on 03.11.2020 and she has been interrogated. The allegations made against the petitioner has to be established by the prosecution during trail. It is not the case of prosecution that this petitioner was one of the accused who kidnapped him. The complainant has suspected the role of his wife and her relatives namely petitioner and her son in the alleged kidnap. The role of the petitioner has to be established in due course.
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8. Considering that the petitioner is a woman and she is already arrested and interrogated, there is no impediment to enlarge the petitioner on bail by imposing suitable conditions.
Hence the following:
ORDER Petition is allowed. Petitioner/Accused No.3 in Crime NO.299/2020 of Bagalagunte Police Station, 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) Petitioner-accused No.3 shall execute a personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
iii) Petitioner shall furnish proof of her
residential address and inform the
Court if there is change in the address. 7
iv) Petitioner shall appear before the Trial Court on all dates of hearing unless exempted for genuine reasons.
Sd/-
JUDGE RKA/AS