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Appellant/ accused No.1 feeling aggrieved by the order of trial Court on the file of I Addl. Dist. & Sessions Judge and Special Judge, at Haveri in Crl. Misc. No. 201/2024 dated 21.03.2024 in rejecting the anticipatory bail petition filed U/s 438 of Cr.P.C. preferred this appeal.

2. Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

3. Heard the arguments of both sides.

4. After hearing arguments of both sides and on perusal of the records, so also the impugned order under appeal, the following points arise for consideration.

6. The complaint allegations are to the effect that on 04.03.2024 complainant received phone call from accused No.1 and informed that the son of complainant has kidnapped one Chaitra and threatened to do away their life and so also abused in filthy language by taking caste name of the complainant. Accused No.1 alleged to have called the complainant with his son to his house and to settle the matter by giving Rs. 5 lakhs, otherwise he will kill the son of complainant. The complainant has compromised the matter for Rs. 3 lakhs, thereafter on 11.03.2024 the said amount was paid to accused no.1 and son of the complainant went to the house of his grandfather at Kalsoor. On 12.03.2024 on account of harassment, at 10.00 a.m. son of the complainant has committed suicide by consuming poison and he was immediately shifted to Haveri hospital. It is alleged that the death of son of complainant is on account of abetment caused by accused No.1 and other NC: 2024:KHC-D:6204 accused named in the FIR in harassing which forced him to commit suicide. On these allegations made in the complaint, a case came to be registered in Savanur P.S. Crime No. 51/2024 for the aforesaid offences.

10. Looking to the complaint allegations and the materials produced by accused No.1, it would go to show that accused NC: 2024:KHC-D:6204 No.1 has no role in the son of complainant kidnapping accused No.4 named in the FIR. Learned counsel for accused No.1 has produced certified copy of the complaint filed by Kallappa Mahadevappa Dundanur, the father of Chaitra dated 07.03.2024 alleging that his daughter is missing from the house of his maternal uncle where she was pursing her studies. On the basis of such missing complaint, case was registered in Haveri Women Police Station Crime No. 21/2024 for the offence punishable U/s 363 of IPC against unknown accused. The present complaint is filed on 13.03.2024 alleging that accused No.1 has called the complainant over phone for settlement of the case registered in Haveri Women Police Station Crime No. 21/2024 for kidnapping accused No.4 who is the daughter of accused No.3 named in the FIR.

11. If the entire complaint allegations are taken into consideration in the light of earlier missing complaint filed by accused No.3 much earlier on 07.03.2024 then it would go to show that the role of this accused No.1 in the entire episode is calling upon the complainant for settling the matter registered in Haveri Women Police Station Crime No. 21/2024 in kidnapping of accused No.4 shown in the FIR registered in NC: 2024:KHC-D:6204 Savanur Women Police Station Crime No. 51/2024. The complaint allegations also would go to show that complainant was called by accused No.1, who is a senior practicing Advocate at Haveri, for settlement of the matter.