T.L. Punith and Others vs State

H. Billappa, J.—The petitioners who are accused Nos. 1 and 2 in Cr. No. 333/2014 of Banashankan Police Station, have filed this petition under section 439 Cr.P.C. praying for grant of bail.

It is stated in the petition that the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the case. The petitioners are ready to abide by any conditions that may be imposed by this Court. Therefore, the petitioners have prayed for grant of bail.

A case in Cr. No. 333/2014 of Banashankari Police Station has been registered against unknown accused for the offences punishable under Section 364-A of IPC. It is alleged that on 27.11.2014, the complainant''s son did not return home from his work. At about 11.45 p.m., the complainant''s son informed through phone that he has some work in the shop and he is not coming home. On 28.11.2014, at about 1.00 to 1.15 p.m., the complainant''s son informed the through phone that he is in trouble and asked to keep ready Rs. . 20 Lakhs. It is alleged, somebody has kidnapped the complainant''s son for money.

After investigation charge-sheet has been filed. In the course of investigation, the petitioners have been arrested. Auto bearing No. KA-05-AD-9874 has been seized from accused No. 5. The petitioners are in custody since 29.11.2014.

The learned counsel for the petitioners contended that the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the case. The petitioners have nothing to do with the alleged crime. The petitioners are in custody since 29.11.2014. The petitioners are ready to abide by any conditions that may be imposed by this Court. Therefore, the petitioners may be granted bail.

As against this, the learned High Court Government Pleader submitted that the petitioners are involved in the alleged crime. There is prima facie case against the petitioners. Therefore, the petitioners cannot be granted bail.

I have carefully considered the submissions made by the learned counsel for the parties.

It is relevant to note, it is alleged, that on 27.11.2014, the complainant''s son did not return home from his work. At about 11.45 p.m., the complainant''s son informed through phone that he has some work in the shop and he is not coming home. On 28.11.2014, at about 1.00 to 1.15 p.m., the complainant''s son informed through phone that he is in trouble and asked to keep ready Rs. . 20 Lakhs. In the course of investigation, auto bearing No. KA-05-AD-9874 has been seized from accused No. 5. It is alleged, the petitioners took away the complainant''s son to demand ransom. The petitioners are in custody since 29.11.2014. After investigation charge-sheet has been filed. The petitioners are ready to abide by any conditions that may be imposed by this Court. The petitioners have no criminal antecedents. In the circumstances, the petitioners can be granted bail subject to certain conditions.

Accordingly, the criminal petition is allowed and the petitioners are granted bail in Cr. No. 333/14 of Banashankari Police Station, Bengaluru, subject to the following conditions:

(i) The petitioners shall be released on bail in Cr. No. 333/2014 of Banashankari Police Station, Bengaluru City, on their executing a bond for a sum of Rs. . 50,000/- each with one surety for the likesum to the satisfaction of the concerned Court.

(ii) The petitioners shall not tamper with the witnesses or evidence.

(iii) The petitioners shall appear before the Court regularly without fail.

(iv) If the petitioners violate any condition, the Respondent-State can move for cancellation of the bail.