Karnataka High Court
K Kotresh S/O Jambappa vs State Of Karnataka on 5 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102299 of 2022
c/w CRL.P. No.102346 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102299 OF 2022
c/w CRIMINAL PETITION NO. 102346 OF 2022
In Crl.P.No.102299/2022
BETWEEN:
K KOTRESH, S/O JAMBAPPA
AGE. 23 YEARS, OCCUPATION: COOLIE,
R/O. HALAGAPURA VILLAGE,
TALUK H B HALLI,
DISTRICT. VIJAYANAGARA 583212
...PETITIONER
(BY SRI. SRINIVAS B NAIK, ADVOCATE)
AND:
STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA DHARWAD BENCH
THROUGH HAGARIBOMMANAHALLI POLICE STATION
VIJAYANAGARA 580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED
NO.5 IN CRIME NO.107/2022 OF HAGARIBOMMANAHALLI POLICE
STATION REGISTER FOR THE OFFENCES PUNISHABLE U/S 363 AND
364(A), 120(B), R/W 149 OF IPC.
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CRL.P No. 102299 of 2022
c/w CRL.P. No.102346 of 2022
In Crl.P. 102346/2022
BETWEEN:
BASAVARAJA @ MORIGERI BASAVARAJA
S/O. M. NINGAPPA
AGED ABOUT 22 YEARS, OCC. AGRICULTURIST,
R/O KESHAVARAYANABANDI VILLAGE,
H.B. HALLI TALUK, DIST. VIJAYANAGARA-583212
...PETITIONER
(BY SRI. B.G. INDI, ADV. FOR SRI. K. L. PATIL &
SRI. S.S. BETURMATH, ADVs.)
AND:
THE STATE OF KARNATAKA
THROUGH H.B. HALLI P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA DHARWAD BENCH,
DHARWAD 580011.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ALLOW THE CRIMINAL PETITION, AND ENLARGE
PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN CONNECTION
WITH H.B. HALLI POLICE STATION IN CRIME NO.107/2022
REGISTERED FOR OFFENCES PUNISHABLE U/S 363 AND 364A,
120(b), R/W 149 OF IPC ON THE FILE OF ADDITIONAL SENIOR CIVIL
JUDGE AND CJM HAGARI-BOMMANAHALLI, VIJAYANAGARA.
THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Criminal Petition No.102299/2022 is fled by accused No.5 and Criminal Petition No.102346/2022 is filed by accused No.4. Both the petitions are filed under Section 439 of The Code of Criminal Procedure, -3- CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.107/2022 of Hagaribommanahalli Police Station registered for the offences punishable under Sections 363 and 364A of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity ).
2. The case of the prosecution is that, one Krishnamurthy S/o Narayanaswami, aged 71 years, has filed complaint stating that he is residing with his son Rag havendra and two grand daughters and the victim boy aged 5 years. It is further stated that on 03.07.2022, when he was in the house at 3:00 p.m, his son and daughter-in-law came and told him that their son Aadvik had gone to play in the front yard, but he did not return. Thereafter, they searched for him but could not trace out. It is further stated that at about 4:30p.m, his son received a p hone call on his mobile phone bearing No.8722935282 from a mobile phone No.9886414562 wherein a person told him that his son is kidnapped and for his safe release -4- CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022 he demanded ransom of Rs.15,00,000/- and further told that if the said amount is not paid, they will send his son to some other place in a lorry. When the complainant's son told that he is not having that much of amount, immediately the said amount is reduced to Rs.3,00,000/- and asked him to come along with his wife to the place where he suggests and cautioned him not to inform the police, else they will not see their son. The said complaint came to be registered against the unknown person in Crime No.107/2022 of H.B.Halli Police Station for the aforesaid offences.
3. The police conducted investigation. During the investigation, they collected call records and the SIM which was used to call the son of the complainant was standing in the name of one Kumarappa and on inquiry by the police, he narrated that on 01.07.2022, he submitted his Aadhar card and brought the SIM card from accused No.6-Ravi and on the same day, two SIMs were activated in the name of Kumarappa. The -5- CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022 police have interrogated accused No.6 and he revealed that on 01.07.2022, he activated two SIMs in the name of Kumarappa and one SIM has been given to Kumarappa and he kept another SIM with him. After that, accused No.2 approached accused No.6 and narrated that accused No.1 is planning for kidnap of a minor child and he required a SIM. Accused No.6 gave that SIM, which is activated in the name of Kumarappa, to accused No.1. Accused No.1 took the boy from front yard of the house of the complainant and handed over the boy to accused Nos.3 and 4. Accused No.2 made conversation with son of the complainant through the mobile phone bearing No.9886414562. The police during investigation traced out the victim boy. The petitioners/accused Nos.4 and 5 were arrested on 04.07.2022 and they are in judicial custody. The petitioner/accused No.5 filed Crl.Misc.No.5469/2022 seeking anticipatory bail and -6- CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022 accused No.4 along with accused Nos.1 to 3 filed Crl.Misc.No.5449/2022 seeking bail and both the petitions came to be rejected by separate orders dated 28.07.2022 by the learned III Additional District and Sessions Judge, Ballari sitting at Hospete. Therefore, the petitioners are before this Court seeking bail.
4. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government P leader for the respondent-State.
5. Learned counsel for the petitioners/accused Nos.4 and 5 contended that there is no active role of these petitioners in commission of the alleged crime. The victim child has been safely secured by the police. There is no torture given to the child . The petitioners are in judicial custody since 04.07.2022 and the offence alleged against them are punishable with imprisonment for a period of ten years and they are not required for custod ial interrogation. With this, they prayed to allow the petitions.
-7-CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022
6. Per contra, learned High Court Government Pleader contends that, the matter is still under investigation. The offences alleged against the petitioners are punishab le with imprisonment for a period of 10 years. On perusal of the remand application, it clearly shows the involvement of these petitioners in the alleged kidnap of the victim boy for ransom. The Investigating Officer has already recorded the statement of the victim boy and a statement is also recorded under Section 164 of Cr.P.C . It is his further submission that, if the petitioners are enlarged on bail, they will hamper the investigation and tamper the prosecution witnesses and flee from justice. The role of each of the petitioners has to be ascertained after investigation and filing of final report. With this, he prayed to reject the petitions.
7. Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has g one -8- CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022 through the FIR, complaint, remand application and the orders passed by the Sessions Court.
8. As per the accusation in the investigation papers and remand yadi show that, accused No.1 has kidnapped the victim boy for ransom and accused No.2 has made a phone call to the mobile phone of the son of the complainant demanding ransom of Rs.15,00,000/-. Thereafter, it was reduced to Rs.3,00,000/-. The said mob ile phone and the bike used for kid napping the victim boy have been recovered at the instance of accused No.2 under mahazar. As p er the remand application, accused Nos.3 and 4 took the k idnapped boy from Anjanaya temp le, Mutuganahalli to Ajamma temple situated at Chimmanahalli where accused Nos.2 and 5 came and saw the kidnapped child and accused No.2 mad e a phone call to accused No.1 and decided to demand Rs.15,00,000/-. The said aspect itself goes to show the involvement of these petitioners in kidnapp ing the boy for ransom.
-9-CRL.P No. 102299 of 2022 c/w CRL.P. No.102346 of 2022
What is the real role of the petitioners/accused Nos.4 and 5 is required to be ascertained after investigation and filing of final report. The offence alleged against these petitioners are heinous punishab le with imprisonment for 10 years. As the investigation is in progress, at this stage, the petitioners are not entitled for grant of bail.
Accordingly, Criminal Petition No.102299/2022 and Criminal Petition No.102346/2022 are dismissed. The petitioners/accused Nos.4 and 5 are at liberty to file bail application before the learned Sessions Judge, after filing of the final report.
Sd/-
JUDGE kmv