VADDE SHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.3 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.26/2010 of Moka Police Station, registered for an offence punishable under Sections 364A of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Section 25 of the Arms Act, 1959 (SC No.36/2016 pending on the file of the I Additional District and Sessions Judge, Ballari).

(2.) It is the case of the prosecution that the complainant by name one Smt. Mangala Gowari wife of Mallikarjun filed a complaint alleging that her grandfather is residing in a separate house, so her husband used to go to that house to take care of her grandfather at night hours. On 16.05.2010, as usual, her husband went to that house. On the next day morning her husband was not there. She and her brother, brother of her husband tried to search but he was not traced out. She further alleged that the kidnapers made a phone call to the brother of her husband that if they pay Rs.1 crore, then her husband would be released. Further she lodged a missing complaint. After registration of the case, the police took up investigation and filed charge sheet on the file of the IV Additional Civil Judge, Ballari. The said case has been committed to the Sessions Court and registered as S.C. No.126/2013. Accused No.3, who is the present petitioner, remained absent and the case against him came to be split up. The said split up case is numbered as SC No.36/2016. The petitioner was not secured. As such, the said case was treated as LPR. The police arrested the petitioner on 10.01.2020 and produced before the Court. The petitioner approached learned I Additional District and Sessions Judge, Ballari and filed bail application in S.C. No.36/2016 and it came to be rejected by order dated 17.07.2020. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.