Karnataka High Court
Shri Vinayak Pandarinath Pandav vs The State Of Karnataka on 7 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102778 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102778 OF 2022
BETWEEN:
SHRI VINAYAK PANDARINATH PANDAV
AGE. 23 YEARS, CC. COOLIE,
R/O. KHARI CORNER,
CHAMBAR GALLI,
NIPPANI, TAL. NIPPANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SHARAD MALGOUND PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD,
THROUGH SANKESHWAR POLICE STATION
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC., SEEKING TO ENLARGE THE PETITIONER/ACCUSED
NO.6 ON BAIL IN CRIME NO. 178/2022 REGISTERED BY
SANKESHWAR POLICE STATION PENDING ON THE FILE OF PRL
CIVIL JUDGE (JR.DN) AND JMFC COURT, SANKESHWAR FOR THE
OFFENCES PUNISHABLE UNDER SECTION 143, 147, 120B AND
364A R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102778 of 2022
ORDER
This petition is filed by accused No.6 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.178/2022 of Sankeshwar Police Station registered for the offences punishable under Sections 143, 147, 120B and 364A read with Section 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Bhaskar Prakash Kakade has filed complaint stating that, he is residing along with his family members and his son aged 14 years is studying in 8 t h standard and attending tuition class between 6:00pm to 8:00pm near Bus Stand and after completion of tuition, was returning to home at 8.30 p.m. It is further stated that, on 02.08.2022 his son victim boy who went to tuition class at 6.00 p.m. did not return even after 8:45pm and at that time he -3- CRL.P No. 102778 of 2022 received a phone call from mobile number 8150875218 to his mobile number 8660314995 and the person talking from mobile No.8150875218 has told in Hindi language that he has kidnapped his son and if he intimate the same to police he will cut the throat of his son. He intimated the same to his family members and to his neighbours and searched his son near Bus Stand and in the Sankeshwar town and he was not found and he made a phone call to the said mobile phone and nobody received it and when he asked his son's schoolmate Preetam Shirahatti, he told that, when they were returning from tuition class at about 8:15pm, a boy came and talked with victim boy and told him that his father is admitted in the Nippani Hospital and took him. Hence, a complaint came to be registered in Crime No.178/2022 of Sankeshwar Police Station for the offences punishable under Section 363 of IPC. The Investigating Officer during the investigation has arrested the petitioner and other accused and the -4- CRL.P No. 102778 of 2022 petitioner and accused Nos.3 and 4 are in judicial custody. The petitioner along with 3 other accused filed Criminal Miscellaneous No.5549/2022 seeking bail and the same came to be rejected by the learned VII Additional Sessions Judge, Belagavi, sitting at Chikkodi, by order dated 01.09.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
4. The learned counsel for the petitioner would contend that the petitioner is innocent, he has not committed any offence as alleged and he has been falsely implicated. The main accusation is against accused No.1. The petitioner is in judicial custody since 18.08.2022 and therefore he is not -5- CRL.P No. 102778 of 2022 required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that investigation is still in progress. The offences alleged against the petitioner/accused are punishable with death or imprisonment for life. 3 mobile phones and one motorcycle has been recovered at the instance of the accused. The statement of the victim boy has been recorded under Section 164 of Cr.P.C. wherein he has narrated the incident and told that he will identify the persons who kidnapped him. The petitioner and other accused have conspired and hatched a plan to kidnap to earn more money. It is his further submission that test identification parade is yet to be conducted and therefore the presence of the petitioner is required. If the petitioner is granted bail, he may hamper the investigation and tamper the prosecution witnesses and flee from justice. With this, he prayed to reject the petition. -6- CRL.P No. 102778 of 2022
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR, remand application and the order passed by the Sessions Court.
7. The accusation leveled against this petitioner and other accused is that they conspired to kidnap the son of the complainant, aged 14 years, for earning more money and accused No.1 made a phone call from his mobile to the mobile of the complainant and told that he has kidnapped his son and threatened not to make any complaint to the police or otherwise he will kill the victim. One of the offences alleged against the petitioner and other accused is under Section 364A of IPC punishable with death or imprisonment for life. The statement of the victim boy has been recorded under Section 164 of Cr.P.C. wherein he has narrated that he was kidnapped by the accused persons and also stated that he will identify the said persons. As per the -7- CRL.P No. 102778 of 2022 voluntary statement, accused No.1, petitioner and other accused persons have hatched a plan to kidnap the son of the complainant for earning more money. 3 mobile phones and a motorcycle have been recovered at the instance of the accused. The petitioner is required for test identification parade. As investigation is under progress, the petitioner is not entitled for grant of bail at this stage. Whether the petitioner has committed an offence under Section 364A of IPC or any other offence can be ascertained only after completion of investigation and filing of final report. Therefore, at this stage, when investigation is in progress, the petitioner is not entitled for grant of bail.
Accordingly, the criminal petition is dismissed.
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JUDGE kmv