SHOWKATH KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioners in Crime No.41/2022 of Shidlaghatta Town Police Station, Chickballapura District, for the offences punishable under Ss. 365 , 384 , 307 , 302 , 397 read with 34 of IPC .

(2.) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent/ State.

(3.) The factual matrix of the case of the prosecution is that on 14/3/2022 at 5:00 p.m, when Syed Umar was in his house at Iliyas Nagar, the accused persons took him in connection with he has not paid the amount of Rs.13,000.00 and he was taken in a Car bearing registration No.KA-04-Z-0820 and when he was not having any money he told that he would get the money from C.W.2 and he was taken to Shidlaghatta at 9:30 p.m, and the said Syed Umar called C.W.2 over the phone and informed that his friends brought him to Shidlaghatta and at around 10:30 p.m., C.W.2 in his Dio vehicle came along with C.W.1 and dropped C.W.1 near Shidlaghatta bye-pass and he alone went in the two wheeler and found the vehicle in which the said Syed Umar was brought to Shidlaghatta and accused No.1 driven the said vehicle and hit the motorcycle of C.W.2, as a result, C.W.2 fell down and immediately the assailants, who were there in the Car inflicted injury to his head and also all over the body, as a result, he had sustained bleeding injury and kicked him when the fuel was over accused No.2 stabbed his two wheeler he also boarded the Car and took the said Syed Umar to lonely place and asked him to pay Rs.13,000.00 or otherwise, they are not going to leave him. Accused No.1 and accused No.4 immediately inflicted injury on the head of Syed Umar and also on his forehead and inflicted injuries all over the body. As a result, he had sustained grievous injuries. With an intention to take away the life of C.W.2 also assaulted with their hands and at that time C.W.2 informed that he would get and pay the money not to assault him and again through the mobile of C.W.2, a call was made to C.W.1 and informed to get the money from C.W.6 and also told that if they make the payment they are going to leave him or otherwise they are going to take away the life and also snatched the mobile of C.W.2 and went towards Shidlaghatta. When the Police have chased them, they left C.W.2 and also the injured and threatened them not to reveal anything to the police. The injured succumbed to the injuries and though a case was registered against unknown persons at the first instance apprehended the accused persons and also investigated the matter and filed the charge-sheet. At the first instance, a case was registered for the offences punishable under Ss. 365 and 384 of IPC. After the investigation, the police have invoked the offences punishable under Ss. 279 , 365 , 384 , 307 , 302 , 397 read with 34 of IPC .