Dilip. M vs State Of Karnataka

G. Narendar, J

(Through Video Conference)

Heard the learned counsel for the petitioner and the learned Govt. Pleader.

Petitioner has been arrayed as Accused No.4 in Crime No.87/2020 on the file of the respondent police for the offences punishable under Section

364A, 323, 506 and 507 of IPC. It is contended by the learned counsel for the petitioner that the petitioner is aged about 27 years and his health is

riddled with issues, particularly perforation of the intestine and that he has undergone invasive procedure for the same. That the complaint does not

disclose the name of the petitioner and that no overt-act is attributed against the petitioner. On perusal of the complaint it is seen that the complaint is

directed against unknown persons. Further perusal of the remand application would detail monetary transaction between the accused and the

complainant wherein, it is alleged that a sum of Rs.50,000/- and interest amount of Rs.20,000/- have been seized.

Per contra, the learned Govt. Pleader would submit that the accused are indulging in charging exorbitant interest. That the same is prohibited and

that the victim was kidnapped with an intention of coercing the complainant to part with exorbitant sum by way of interest. On a query as to whether

any bleeding or cut injuries have been caused, the learned Govt. Pleader replies in the negative. The petitioner has also placed on record the medical

records to demonstrate the plea of ill health. On perusal of the same, the document titled as initial discharge summary, records the ailments has

imperforated anus and Sigmoid Colostomy.

Thus, keeping in view the age of the accused and his medical condition and the fact that no overt-act is alleged against the petitioner, this court is of

the prima-facie opinion that the petitioner has made out a case for grant of relief as prayed for. Accordingly, the petition is allowed. Petitioner is

directed to be enlarged on bail in Crime No.87/2020 on the file of Peenya P.S. for the alleged offences punishable u/s 364A, 323, 506 and 507 r/w 34

of IPC and Section 4 of Karnataka Prohibition of Exorbitant Interest Act. The petitioner shall be forthwith enlarged on bail and set at liberty subject to

the following conditions:-

i) The petitioner shall appear before the jurisdictional police on every first and third Sunday before the respondent police for a period of six months.

ii) The petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish two sureties for the likesum.

iii) Four weeks time is granted to the petitioner to execute the bond and furnish the sureties. The jail authorities shall forthwith release the petitioner if

he is not required in any other case.

iv) In the event, the petitioner does not comply with the conditions imposed with regard to the execution of the bond and furnishing of sureties, the

instant order shall be revoked automatically and the respondent police shall be entitled to seek for his remand and detention in judicial custody.

v) In the event of present lockdown being extended by the Central or State Governments thereby restricting the normal functioning of the courts, the

time granted for executing the bond and furnishing sureties shall stand extended by a further period of four weeks.

Petition stands ordered accordingly.