Krishna T v. The State of Karnataka

NC:(2024:KHC:53331( CRL.P(No.(14415(of(2024( ( ( ( ( IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ST DATED THIS THE 31 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14415 OF 2024

BETWEEN:

KRISHNA T, S/O LATE THIMMAIAH, AGED ABOUT 45 YEARS, R/AT NO. 694, 5TH CROSS, 11TH BLOCK, ANJANAPURA TOWN SHIP, BENGALURU CITY - 560 108. …PETITIONER

(BY SRI. LOKESHA M.Y, ADVOCATE)

AND:

THE STATE OF KARNATAKA, CCB POLICE STATION, BANGALORE CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitallytisignedtiby0B K …RESPONDENT MAHENDRAKUMAR (BY SRI. DIVAKAR MADDUR, HCGP) Location:0HIGH COURT0OF KARNATAKA THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL INC R.NO.48/2024 REGISTERED BY THE CCB P.S. BENGALURU FOR THE OFFENCE P/U/S 120(B), 323, 384, 386, 364(A), 506 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

Learned High Court Government Pleader is directed to take notice for respondent No.1.

¶2The petitioner, accused No.1, is facing investigation for offenses punishable under Sections 120(B), 323, 384, 386, 364(A), and 506 of the Indian Penal Code

(IPC), and has approached this Court under Section 439 of the Criminal Procedure Code (Cr.P.C.) for grant of bail.

¶3The second respondent lodged an FIR with the following allegations:

The prosecution's case is that the complainant, a resident of Chandra Layout, is pursuing IAS and also practices astrology. Accused No.3 has been known to the complainant for the last 8 to 10 years, and he used to meet the complainant along with his brother, Krishna Kandkur. Accused No.1 was introduced to the complainant by accused Nos.3 and 4 in 2020. In 2021, when the complainant sustained leg injuries and underwent surgery, he was in a state of rest. During this time, accused No.1 stayed with the complainant at his house and looked after his welfare. While staying with the

complainant, accused No.1 became aware of the complainant's financial transactions and subsequently asked for financial help of Rs.15 lakhs. On 18.10.2023, the complainant transferred Rs.11,80,000/- to accused No.1.

¶4However, on 18.10.2023, accused No.1 allegedly kidnapped the complainant, and the next day, he, along with one Naveen, assaulted the complainant and demanded money from his known contacts, threatening dire consequences. On 25.10.2023, the complainant was taken to a bank in Chandra Layout, where Rs.70 lakhs was transferred from his account to the account of accused No.1. Additionally, the complainant's signature was obtained on seven blank cheques, and Rs.20 lakhs were taken. The accused also forcibly took 800-900 grams of gold, an iPhone, and a Headphone. When the complainant was in his native place, accused Nos.3 and 4 visited him, demanded, and took Rs.28 lakhs, assuring that they would take care of him from accused No.1.

¶5The alleged incidents of the petitioner abducting the complainant took place on 18.10.2023 and 25.10.2023. However, the FIR was lodged on 21.09.2024, without offering any probable explanation for the delay in lodging the FIR. The petitioner has been in judicial custody since 05.12.2024. Based on the circumstances and the available material, the

petitioner has established a prima facie case for being granted bail.

¶6Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.48/2024 registered by CCB Police Station, Bengaluru, subject to following conditions:

(i) Petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court;

(ii) He shall not threaten witnesses in whatsoever manner;

(iii) He shall not get involved in similar offences;

(iv) He shall not leave the territorial limits without permission of the jurisdictional Court.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

LDC List No.: 1 Sl No.: 44