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4. The prosecution case is about kidnapping PW.5 Shiva Mruthunjaya Sharma on 13.5.2010 for ransom at about 15.30 hours when he was traveling in an autorickshaw. It is stated that all the accused stopped the autorickshaw by coming in a Maruti van, pulled him into the said vehicle and on the way they demanded for Rs.10 lakhs for his release. They told PW5 inside the van that they were from the press and they had taken photographs and video graphs his visiting prostitute's house and if their demand was not satisfied, he would be killed. PW5 agreed for giving them Rs.1,00,000/-. He withdrew money of Rs.14,500/- from two ATM counters. He was taken to a place called Bharani residency where he was confined wrongfully. On 14.5.2010, when NC: 2023:KHC:26307-DB PW5 came to HDFC bank at Gandhi Bazar along with the accused, they fled away from that place seeing the police.

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NC: 2023:KHC:26307-DB

12. The prime witnesses are PW5, 9, 11, 13 and 14. We may not refer to the evidence of witnesses to panchanamas as they do not have any substantial bearing on the prosecution case. The prosecution case is about kidnapping of PW5 for ransom. When PW5 did not return home on the night of 13.5.2010, PW9, his wife would first telephone to her husband and receiving switch off response at the other end, she would contact PW11 Amith, who was working as Manager in the office of PW5. The reply she got at that time is important. PW11 informed her that a friend of PW5 had been admitted to hospital and therefore it was not possible for him (PW5) to return home on that night. Inspite of that she continued to make calls to her husband throughout night, but she could not speak to him. Therefore on the next day she went to police station with PW11 and gave a missing complaint as per Ex.P7. Her evidence

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NC: 2023:KHC:26307-DB kidnap and came to know about it lateron. He too was treated hostile partly and subjected to cross examination by the public prosecutor. He did not admit the suggestions about the prosecution case of kidnap at all. He has clearly refuted the suggestions that when he met PW5 and the first accused, he disclosed about the arrival of police to that place and then accused No.1 ran away and fled in the Maruti van along with other accused.