HIGH COURT OF KARNATAKA Vs. MADHU ALIAS MADHURANATHA

JUDGEMENT

(1.) The Appellants in the three appeals are Accused Nos. 1 to 3 respectively before the Trial Court (for short A1 to A3). The material facts of the prosecution case disclose that one Prahallad--PW1 is a commission agent purchasing agricultural produce like ginger and other food grains from the cultivators and sell them to wholesale dealers i.e., PW2 and PW 12 at Sagar. PW2 and PW 12 were due to pay Rs. 2,50,000/ - and Rs. 1,50,000/- respectively towards carting ginger to PW 1.

(2.) On 08.08.2005, PW1 deputed his nephew Madhusudhan (deceased), to collect cash from PW2 and PW12. The deceased accordingly went and collected Rs. 2,50,000/- from PW2 and Rs. 1,50,000/- from PW12 around 12.30 p.m. at Sagar and he did not return to Anandpur. PW1 had gone out station on business and returned to Anandpur at 3.30 p.m. He found that the deceased had not returned from Sagar. He contacted PW2 and PW12. They informed that the deceased had collected cash and gone away. The whereabouts of the deceased was not known. PW2 and PW12 gave a missing complaint around 9.30 p.m. to the police narrating the above facts. The PW1 made extensive search to trace the whereabouts of the deceased. He heard rumours from the people that A1 to A3 have kidnapped the deceased in the Maruti van belonging to A1, robbed cash and kept the deceased in confinement. PW1 on 11.08.2005 around 3.00 p.m. lodged a written complaint to the police narrating the above facts as per Ex.P1, wherein he makes a specific mention suspecting that the accused persons have kidnapped and robbed the cash and kept the deceased Madhusudan in confinement and request for action.

(3.) On 12.08.2005, A3 was arrested in the morning at Anandpur, later on after some time. A2 was arrested by a separate team of police officers at Bangalore in the house of PW10. A1 makes extra-judicial confession before PW13 and requests to save him from prosecution. At the advise of PW 13, A1 surrendered at the police station on the same day.