Manjunath vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner/accused No.3 on bail in the event of his arrest in respect of

Crime No.178/2021 registered by Mahalakshmipuram Police Station, Bengaluru City, for the offences punishable under Sections 364A, 120B, 419

read with Section 34 of IPC.

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

The factual matrix of the case is that this petitioner and others 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 the petitioners 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 Mekhri 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.3.

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

antecedents. This Court already granted bail in favour of other two accused persons in CRL.P.NO.9373/2021 ON 12.01.2022 and no material is

collected to show conspiracy and impersonation. This petitioner is ready and willing to abide by any conditions that may be imposed by this Court.

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, they 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 the 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 for ransom and released at around 1.00 p.m. and at the first instance, the case was registered against unknown persons and when the

ransom is not collected, it is appropriate to invoke Section 438 of Cr.P.C., in favour of the petitioner and direct the petitioner to appear before the

Investigating Officer for further investigation.

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 the event of his arrest in respect of Crime No.178/2021 registered by

Mahalakshmipuram Police Station, Bengaluru City, for the offences punishable under Sections 364A, 120B, 419 read with Section 34 of IPC, subject

to the following conditions:-

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and

shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the

concerned Investigating Officer.

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

(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as

and when called for.

(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of

three months, whichever is earlier.

(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating

Officer for a period of three months or till the charge sheet is filed, whichever is earlier.