Eranna Gowda vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.178/2021 of Mahalakshmipuram Police Station

for the offence punishable under Section 364A, 120B, 419 read with Section 34 of IPC.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.

The factual matrix of the case is that this petitioner and other proclaiming that they are the Income Tax Officer kidnapped the complainant and

demanded an amount of Rs.50 lakh and after negotiation, they agreed to an amount of Rs.20 lakh but the complainant had agreed to pay an amount of

Rs.5 lakh in order to close the income tax file but this petitioner switched off the mobile of the complainant and after the complainant agreed to pay

the amount on the next day, he was dropped around 1.00 p.m. near Mecri Circle. Based on the complaint, the case was registered against unknown

persons and subsequently, the case has been registered against this petitioner who has been arraigned as accused No.5.

The learned counsel for the petitioner would submit that a false allegation is made against this petitioner and he is not having any criminal

antecedents and no material is collected to show conspiracy and impersonation and this petitioner has been apprehended on 09.11.2021 and hence, he

may be enlarged on bail as his presence is not required for further investigation.

Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner was watching the movement of the

complainant and along with other accused, he kidnapped the complainant and on assurance of the complainant that he will pay the money on the next

day, he was released from their custody and hence, there is a prima facie material against this petitioner and matter is under investigation and prayed

to dismiss the petition.

Having heard the respective counsel and also on perusal of the material on record and also taking into note of the fact that the complainant was

kidnapped and released at around 1.00 p.m. and at the first instance, the case was registered against unknown person and the petitioner is in custody

from November 2021 and when there is no any criminal antecedents against this petitioner, it is a fit case to exercise the discretion in favour of the

petitioner.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.178/2021 of Mahalakshmipuram Police

Station for the offence punishable under Section 364A, 120B, 419 read with Section 34 of IPC, subject to the following conditions:

(i) The petitioner shall execute his personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed

of.