Praveenkumar B K @ Premkhushi & Others vs State Of Karnataka

S Vishwajith Shetty, J

Accused Nos.1 & 2 in Crime No.161/2023 registered by Magadi Police Station, Ramanagara District, for the offence punishable under Section 364A read with 34 of IPC, are before this Court seeking regular bail.

Heard the learned Counsel for the parties.

On the basis of the complaint lodged by Sri Byrappa S/o Late Siddaiah dated 13.07.2023, FIR in Crime No.161/2023 was registered by Magadi Police against five unknown persons. In the complaint, it is averred that on 04.07.2023 at about 2.30 p.m, when the complainant had stopped his bike for the purpose of passing urine near Magadi-Gudemaranahalli road, Belagumba village, five persons came in vehicle and they forcibly took him along with them on the ground that he was summoned by Kumbalagodu Police Station for enquiry. It is alleged that thereafter the said persons abused and assaulted the complainant and demanded payment of money. Thereafter, the complainant arranged money and totally he paid Rs.1,90,000/- to the accused persons and thereafter they left the spot. In this background, the complainant had lodged a complaint which had resulted in registering FIR in Crime No.161/2023. The petitioners and other accused persons were arrested on the very same day of incident. The bail application under Section 439 Cr.P.C, filed by the petitioners before the Court of III Addl. District & Sessions Judge, Ramanagara in Crl.Misc.No.638/2023 was dismissed on 11.08.2023. It is under these circumstances, the petitioners are before this court.

Learned counsel appearing for the petitioners has reiterated the grounds urged in the petition and prays to allow the petition.

Per contra, learned High Court Government Pleader for respondent - State has opposed the bail application.

The material on record would go to show that in respect of the incident that had taken place on 04.07.2023, the complainant had lodged a complaint on 13.07.2023 i.e., after a delay of nearly 9 days from the date of incident. No proper explanation has been offered by the complainant for the inordinate delay in lodging the complaint. The complaint is lodged against five unknown persons and the petitioners and two other accused were arrested by the police on the very same day of incident. The petitioner has no criminal antecedents. The learned HCGP submits that accused persons had forcibly taken the complainant since he was due to pay them some money. Under these circumstances, I am of the considered view that the petitioners' prayer for grant of regular bail is required to be considered favourably.

In view of the above, the petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.161/2023 registered by Magadi Police Station, Ramanagara district for the offences punishable under Section 364A R/w 34 of IPC, subject to the following conditions:

a) Petitioners each shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakhs only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.