IN THE HIGH COURT OF' KARNATAKA AT BANGALORE DATED THIS THE) 17TH DAY OF MARCH 2009 BEFORE THE HON'BLE DR. JUSTICE K. BHAKTHAVA'If$AiAf_* ;_. A CRIMINAL PETITION No.98a/2009.. V BETWEEN A H A 1. Sri Sendil Kurnar @ Sendil, S/o late M Mani, Age: 27 years, R/at No.7, 431 Cross, Beeredevaragudi Lane, Ranasingh Pet, Banga1ore--53. 2. Sri Gopi, _ ____ " S / 0 late Krishna, A Age: 28 years, . ' . R/at No.3, 235 Mair},- Vinayaka Nagar, V' A B'I'SRoad, V. _ Wilson Garc1e_§_n, * V Banjgal-are. - A. """ Petitioners (By -Rae, Adv., for petitioners) .. 'Madivzala Poiiee Station, Prosecutor, - .. , , V. High A Co'urt'»of"Karnataka, Bangaioreg. Respondent A VX,'(By,,uS"1=i. V Ramakrishna, I-ICGP, for respondent) E\} This Criminal Petition is filed under Section2439 of the Code of Criminal Procedure, praying to enlarge the petitioners on bail"--.in S C $510,296/2008 on the file of the Add}. S J, F'I'C--X, Bangalore, which is registered for the offence under Sections 364--A, 342 and '3-92 "37/W Section 34 ofl P C. T " _;. following: ORDER
This Petition coming on for Orders this day, the~Court’~rnade_:tneb
The petitioners/ accused Nos.1 iniiCrirr:ei ‘of
Madiwala Police Station, are before iU,1′.1dCI’ 439 of the
Code of Criminal Procedure, seelhng ‘bail offence under Sections
364–A, 342 and 392 r/W, Section’ é,é”oij,th..}:i1.i§1z1iai%l Penal Code.
2. Learned Counsel ,ic51~_.:1ie” peti_tion.ersVlsu’brniits that the complaint
was registered against. lpersoins. The present petitioners were
arrested subsequeritlyl and allsurnpllof Rs.15,000/– and one mobile phone
wasseized a,t};&the’.instance. of accused No. 1, but nothing is seized at the
instance accu.sed”~.,No.4. He further submits that in Crl. P
‘;.I\¥os.881il’/’.2i(‘JiifJ_VE,3i a1iE§~v’…14l§§s’}2oos, this Court, by order dated 29.5.2008,
1’w»4’£- imam _ 60*’
the._iac’et1lsed Nos.5 and 6 on bail, and erefore the present
peit’itj(5-Hers also imay t1e\1fieaSed on bail.
L2,
i sd/-
3. Learned Government Pleader submits that accused Nos.5 and
6 were released on bail on the ground that they handed over at
the request of the prime accused and the culprits have_.E§idtiap«ped~V___th.e
victim and demanded ransom of R35 lakhs they
made use of ATM card of the victim and withdra,-*.xIiji}Risui115,i0Of)’f the i’
Investigating Officer has filed chargesheet and iC0mmi’tiited:4the igaise
Sessions Court, where it was registered
4. No doubt the case Wash unknown persons.
Keeping in View that the in a Car that was
said to be given seizure of cash of
Rs.15,000/– from.–acc’us.edVh;I_o_. and the Investigating
Officer has coliected ‘i to connect the accused for the
offence alleged against itheiii 3t cannot be said that the
prosecution’, rriade ” a: prima facie case for the aileged offence.
I see~no.good ground to enlarge the petitioners on bail.
5. iI1’1_.iiithe_.rieis3f:g_,1i}t, the Petition fails and the same is hereby
Iudqe