Indian Kanoon - Search engine for Indian Law

Accused No.2 closed plastic stick in the cloth and put the same on the chest of CW.1 and told CW.1 to pay Rs.1 lakh and further told that if he has not paid the said amount then they will furnish the photos and video recording to media and created threat to the life of CW.1. Accused have given threat 193/2013 to the life of CW.1 and thereby committed the offences under Sec.341, 342, 364(A), 506(B) r/w 34 of I.P.C.

3(a) CW.19 who is the Police Sub-Inspector of Thyagarajanagar Police Station on 14-05-2010 when in the Police Station at 12.25 p.m., CW.2-Rani Devi came to the Police Station and lodged a missing complaint for missing of CW.1. CW.19 has registered the same in Crime No.71/2010 and submitted the FIR to DCP, South Division. Thereafter, CW.19, CW.13, CW.17 came to the office of CW.1, there CW.19 has enquired CW.8-Amith who was working in the office of CW.1. CW.8 told CW.19 that CW.1 called him on phone and told that he is coming near HDFC Bank ATM situated at Gandhi Bazar and asked him to bring Rs.10,000/- and cheque book. Thereafter, CW.19, CW.13 and CW.17 went along with CW.8 near Gandhi Bazar HDFC Bank ATM at 3.00 p.m. One Maruthi Omni came there and in the said vehicle 4 persons were there, the said vehicle stopped some distance away from CW.19. Thereafter, CW.1 and another person came out of the said vehicle and came towards CW.8, CW.8 introduced them to CW.1 and told that they are Thyagarajanagar Police, at that time person who came along with CW.1 came to know that the Thyagarajanagar Police 193/2013 came along with CW.8, so the said persons left CW.1 there itself and ran away and boarded in the Maruthi Van and the said persons ran away in the Maruthi Van. Thereafter, CW.19 has brought CW.1 to the Police Station at 4.30 p.m. CW.1 has given complaint before CW.19. CW.19 has inserted Sec.341, 342, 364(A), 506(B) r/w 34 of I.P.C. in Crime No.71/2010 and submitted FIR to the court. Thereafter, CW.1 taken CW.19 to the place where from he has been abducted and shown the place, there CW.9 has drawn Mahazar in presence of CW.1 and 3 as per Ex.P4. CW.19 has prepared rough sketch of the spot thereafter CW.19 has recorded the statements of CW.2 and 8. On 15-05-2010, CW.19 has sent CW.1 to Victoria Hospital for treatment. On 16-05-2010 CW.19 directed his officials to catch-hold the accused persons. On the same day the officials of CW.19 catch-hold accused No.1-Umesha and accused No.3-Hanumegowda, produced before CW.19 at 2.30 p.m. CW.19 has arrested accused No.1, 3 and recorded their voluntary statements. Accused No.1 has given voluntary statement as per Ex.P16 before CW.19, accused No.3 has given voluntary statement as per Ex.P17 before CW.19 thereafter CW.19 called CW.4, 5-Panchas and informed the information to them. Accused No.1 has produced Rs.2,600/-

193/2013 before the Panchas, accused No.3 has produced Rs.2,200/- cash before the Panchas and they have also produced Mobiles, CW.19 has seized the same by drawing the Mahazar thereafter CW.19 has subjected the properties under P.F.No.54/2010. Thereafter, accused No.1 and 3 taken CW.19 and Panchas viz., CW.6 and 7 to Vayyalikaval HDFC Bank ATM and told that they have withdrawn Rs.10,000/- from the ATM, there CW.19 has drawn Mahazar as per Ex.P24. Thereafter, accused No.1 and 3 taken CW.19 and Panchas to Malleshwaram 14th Cross, City Bank ATM and told that they have drawn Rs.4,500/- there. CW.19 has drawn Mahazar as per Ex.P25 in presence of CW.6 and 7-Panchas. On 17-05-2010, CW.19 has entrusted accused No.1 and 3 to judicial custody thereafter on 20-05-2010 CW.19 has transferred the case to Vivekanagar Police Station on territorial jurisdiction point.

193/2013

17. Perusal of FIR which is at Ex.P14 discloses that Police have submitted FIR to the court on 14-05-2015 at 9-00 p.m. i.e., within 6 hours from the registration of the case, so there is no abnormal delay on the part of the Police in submitting the FIR to the court.

18. Prosecution in order to prove the guilt of the accused beyond reasonable doubt examined the complainant as PW.5 and PW.5 in his evidence stated that since the year 2009 he is residing in Bengaluru. On 13-05-2010 he went to H.P. Office situated at Koramangala. Thereafter he went to Sony Circle, from there he went to Ejipura, there he went inside the massage parlour and there some other transaction was going, so he came out immediately and came to Ejipura junction and he boarded an Auto there and coming towards Basavanagudi to his office and when the Auto was proceeding from Ejipura towards Vivekanagar Police Station, one white colour Maruthi Van overtook the Auto and stopped in front of the Auto in which he was proceeding, 4 persons came out from the Auto, Auto driver also came out. The said 4 persons dragged him from the Auto and forcibly put him in the Maruthi Van, two persons sitted on both sides of him in the Van, one person was driving the Van and another person was sitted by 193/2013 the side of that person, out of those person one person told him that they are media persons and told him that he went to the prostitution house and another person told him that he has to do whatever they say otherwise they will trouble him. They have taken camera in front of his face and another person asked him to tell that he went for prostitution house. He came to know the name of the said persons, the person who was sitted on the left side of him was one Umesh and person sitted on the right side was Rajendra, the person who was driving the Van was Venkatesh and the name of the person who was sitted by the side of the driver was Hanumegowda. The said person asked his permanent address, name of his wife and children, he has given any information to them. He told him that he came there from Delhi for business transaction. The said person asked him to give Rs.10 lakhs to him, he told them that he is not having that much of money, thereafter they told him to give Rs.3 lakhs, for that he has told that he is also not having any money and he told that he will pay Rs.1 lakh after talking to the employees of his Company. They have taken him to Sadashivanagar and they have withdrawn Rs.14-15 Thousand from HDFC Bank ATM. He talked to his employee Amith and asked whether money is there, he told them to take 193/2013 near his office, they brought him towards his Company office and as people were gathered there, they have taken him in the City thereafter they have taken the vehicle to the Mysore Road, they have brought him to the Bharani Residencey, they have given meals to him there and asked him to arrange the money. He called to his Delhi Office and told that to credit Rs.75,000/- to his account, he told his Manager that he will come tomorrow, they have taken two rooms in the said Bharani Residency, in one room Rajendra and Umesha were there with him and other two persons were in another room. They told him to arrange for money on the next day morning. On the next day, he called his employee and told them to come near Gandhi Bazar, HDFC Bank ATM, they have brought him to Gandhi Bazar HDFC Bank ATM, there Umesha and another person came out from the Van and brought him towards the Bank ATM, at that time Manager of his Company Amith came there and he brought cheque book and Rs.10,000/- and three persons came there and looking to the said persons the said Umesha and another person who were along with him ran away. The said person came to know that the said persons were Thyagarajanagar Police, so they have ran away thereafter came to the Police Station, he came to 193/2013 know that his wife has lodged a missing complaint there, he has lodged the complaint thereafter Thyagarajanagar Police came to the spot and drawn Mahazar as per Ex.P4 and identified the complaint lodged by him as Ex.P11. The said persons have drawn money from the ATM which is at Sadashivanagar and thereafter they have also drawn some money from another ATM, he is not knowing the name of that area and identified the accused NO.1 to 4 present before the court as the persons who have abducted him. Further this witness has stated that, he has identified the Maruthi Van shown by the Poilce in the Police Station. The counsel for the accused cross-examined this witness and in the cross- examination this witness has stated that he has not given call details for having talked with Amith on that day. Further this witness has stated that he has signed on Ex.P4-Mahazar in the Police Station and except the same nothing has been made out in the cross-examination of this witness so as to disbelieve his evidence. No grudge or ill-will is made out in the cross- examination of this witness against accused. This witness is not having any ill-will or grudge against the accused persons. There are no reasons to disbelieve or discard the evidence of this witness. This witness has clearly identified the accused 193/2013 No.1 to 4 and in his evidence he has clearly stated that on the date of incident accused No.1 to 4 came in Maruthi Van and wrongfully restrained him when he was proceeding in the Auto, they have dragged him from the Auto, forcibly put him in the Car, they have drawn money from his Bank account by using his ATM Cards, they have given threat for giving money, they have taken him to the Bharani Residence, wrongfully confined there, they have asked him to arrange for the money and when they have brought him to the HDFC Bank ATM which is at Gandhi Bazar at that time they saw the Police along with Amith, they left him and ran away and nothing has been made out in the cross-examination of this witness so as to disbelieve his evidence. This witness is not having any grudge or ill-will against the accused persons. This witness has clearly narrated the incident and identified the accused persons.

23. Prosecution has examined PW.14 and PW.14 is the Investigating Officer who went along with the PW.13 and Amith to HDFC Bank ATM and who has conducted earlier part of investigation. PW.14 has clearly stated in his evidence that in the year 2010 he was working as Police Sub-Inspector at Thyagarajanagar Police Station. On 14-05-2010 at 12.25 p.m., when he was in the Police Station, CW.2 who is the wife of complainant came to the Police Station and lodged missing complaint and he registered the same in Crime No.71/2010. Further this witness has stated that he, CW.13, CW.17 went for searching the complainant and on that day they came to the office of the complainant and there CW.8-Amith was there and he enquired Amith and he told that the complainant has called him and told him to come near Gandhi Bazar HDFC Bank ATM and also told him to bring Rs.10,000/- and cheque book. Thereafter, he, CW.8, CW.17 and CW.18 came near Gandhi Bazar HDFC Bank at 3.00 p.m. and there 4 persons came in Maruthi Van and stopped nearby them and thereafter from the Van CW.1 and another person came out and they came near 193/2013 them and there CW.8 introduced them to CW.1 and when the person who came along with CW.1 came to know that they are Thyagarajanagar Police, the said person left CW.1 there and ran away and the said 4 persons ran away from the Maruthi Omni, they brought complainant to the Police Station and complainant has lodged complaint and he has included Sec.341, 342, 364(A), 506(B) r/w 34 of I.P.C. in Crime No.71/2010 and submitted the FIR to the Court. Thereafter, CW.1 brought them to the spot from where he has been abducted, there he has drawn Mahazar in presence of Panchas as per Ex.P4, he has prepared the sketch of the spot as per Ex.P15 thereafter he has directed his officials for catch-holding the accused persons. His officials have catch-hold the accused No.1 and 3 and produced before him, he has recorded voluntary statements of the accused. Accused No.1 and 3 have admitted regarding abducting of CW.1 and also admittd that they have drawn Rs.10,000/- and Rs.4,500/- from the account of CW.1 from the ATM and further they have told that they have spent the money withdrawn and they are having Rs.2,600/- and Rs.2,200/- thereafter he has called CW.4 and 5-Panchas and accused No.1 and 3 have produced the Mobiles and Rs.2,600/- and Rs.2,200/- respectively and he has seized 193/2013 the same by drawing Ex.P5-Mahazar. Thereafter, the said persons have taken him to the ATM Centre wherefrom they have drawn the money and he has drawn the Mahazars there in presence of Panchas. Further this witness has stated regarding the investigation done by him and thereafter he came to know that the incident took-place with in the jurisdiction of Vivekanagar Police Station and he has obtained permission from VIII Addl.Chief Metropolitan Magistrate Court, Bengaluru to transfer the case to Vivekanagar Police Station and transferred the case to Vivekanagar Police Station. This witness has been cross-examined by the counsel for the accused in length and nothing has been made out from this witness so as to disbelieve the evidence of this witness. The evidence of this witness clearly corroborates the evidence of complainant, CW.13 and Amith.