RUKMINI @ KAVERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos. 3 and 8 under Section 439 of Cr.P.C. seeking bail in Crime No.48/2020 of Chikkodi Police Station registered for the offence punishable under Sections 506 , 364A , 323 , 324 , 395 , 397 , 342 IPC.

(2.) The case of the prosecution is that the complainant- informant Shidarood Siddappa Kakanwadi lodged complaint that he is resident of Melavanki, taluk-Gokak and doing M.Sand business and alleged that on 19.03.2020 alleged to have received the call from accused No.3-petitioner No.1 and accused No.3 told to send M.Sand. Further alleged that on the same day at 5.30 p.m. along with his friend Harish Prakash Kodalinath went to Chikkodi in hired Scorpio Jeep at 7.30.p.m. and stopped said vehicle near Chikkodi bus stand and had dinner in hotel and thereafter complainant alleged to have called accused No.3-petitioner No.1 and thereafter accused No.3- petitioner No.1 told the complainant to come to Basaveshwar circle and alleges that accordingly went near Basaveshwar Circle and stopped the vehicle infront of Ganesh Prasad Hotel, at that time woman aged about 30years came there and asked the complainant have you came from Melavanki and complainant alleges said yes, and accused No.3-petitioner No.1 told, let us go to her uncles house to have tea and sat in Scorpio Jeep and as per her direction they went in the vehicle on Chikkodi- Mudhol road and stopped vehicle near Tension Ground and thereafter informant alleges that he and accused No.3 got down from vehicle and his friend told that he want to meet his friend and went along with Scorpio Jeep. He and accused No.3 stood there at that time five persons came on two motor cycle and alleging "why you are doing this kind of job in Chikkodi" and assaulted him at that time accused No.3-petitioner No.1 went away from there and at that time Maruti Indigo Car MH 14 BX 0301 came and those five persons forcibly took him in car towards hills at Chikkodi and tied him to a tree and physically assaulted him with bamboo sticks and forcefully took 2.5 gram gold ring, 10 gram gold neck chain, 1.2 gram of gold locket of Ganesha and Rs.18,000/- from his pocket and mobile phone and his face was masked and he was made to sit in car and took him to Bellad Bagewadi and asked him to withdraw money of Rs.50,000/- from ATM and thereafter took towards Jaganoor and when they reached near Hanuman Temple, they got down from the car and alleged that he requested the accused persons to allow him to get down to have Gutka and suddenly escaped from their clutches and with the help of relatives, he reached his village and filed complaint on 27.03.2020. Petitioners have been arrested on 02.07.2020. The petitioners who are accused Nos.3 and 8 have sought bail and it came to be rejected by I Addl. District and Sessions Judge, Belagavi in Crl.Misc.No.1044/2020 vide order dated 27.07.2020. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the learned counsel for the petitioners- accused Nos.3 and 8 and learned HCGP for respondent- State.