PRABHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner- accused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.37/2020 of Sadashivanagar Police Station pending on the file of LVIII Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 397 , 364(A) , 348 , 120B , 506 of Indian Penal Code.

(2.) I have heard the learned counsel Sri Basavanna M.D., learned counsel for petitioner-accused No.2 and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

(3.) The gist of the case of prosecution is that there was some dispute between one Sharath Kumar and the complainant. The accused persons started observing the conduct of the complainant and accused No.1 Sharath Kumar came to know all the financial affairs of the complainant. Subsequently, he introduced other accused persons to the complainant and daily they used to take him for party. Subsequently, on 13.05.2020 one Raj Kiran accused No.2 called the complainant informing him that his Audi car is ready for receiving and asked him to get ready and come to Cafe near new BEL road. He picked him at about 12.30 P.M.., in black Swift Car bearing registration No.KA-04-ME-2706 and on the way Wasim took him to Bannerghatta forest godown and there accused No.2 Raj Kiran started punching on his face and kicking on his legs and dragged him to godown and asked him to remove his clothes by hitting in belt and asked him to sign on some papers and documents which is related to his car and other documents. It is further alleged that on the next day i.e., on 14.05.2020 in the godown accused No.2 Raj Kiran, accused No.4 Wasim and other accused persons threatened him with knife by showing the lethal weapons and also told that if he do not listen, then he will be done away with the life. It is further alleged that subsequently, they took him to Jayanagar, Central Bank of India and drawn Rs.9,00,000/- from the said Bank and they tortured and locked him in a secret place in Bengaluru and they have also snatched the gold chain, two finger rings and a cash of Rs.55,000/- from ATM and Rs.37,000/- from his pocket. It is further alleged that on 20.05.2020, they took him to Ramamurthy Nagar, Central Bank of India and asked him to make RTGS of Rs.15,00,000/- to the account of Yousif Satem and threatened him that not to inform to the Police or anybody, if he informed the same, they will kill him and his family members. Subsequently, they left him near Hebbal on the same day at 5.00 P.M. As he was fallen sick and mentally disturbed, he came to Police Station on 22.05.2020 and filed the complaint. On the basis of the complaint, a case has been registered.