RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.102676/2022 is filed by the accused No.4 and Criminal Petition No.102744/2022 is filed by the accused No.3. Both the petitions are filed under Sec. 439 of Cr.P.C., seeking bail in Crime No.178/2022 of Sankeshwar Police Station for the offences punishable under Ss. 143 , 147 , 120B , 364A read with Sec. 149 of IPC.

(2.) The case of the prosecution is that, one Bhaskar Prakash Kakade has filed complaint stating that, he is residing along with his family members and his son aged 14 years is studying in 8th standard and attending tuition class between 6.00 p.m to 8.00 p.m. near Bus Stand and after completion of tuition, return to home at 8.30 p.m. It is further stated that, on 2/8/2022 his son victim boy who went to tuition class at 6.00 p.m. did not return even after 8.45 p.m. and at that time he received a phone call from mobile number 8150875218 to his mobile number 8660314995 and the person talking from mobile No.8150875218 has told in Hindi language that he has kidnapped his son and if he intimate the same to police he will cut the throat of his son. He intimated the same to his family members and to his neighbours and searched his son near Bus Stand and in the Sankeshwar town and he was not found and he made a phone call to the said mobile phone and nobody received it and when he asked his son's schoolmate Preetam Shirahatti, he told that, when they were returning from tuition class at about 8.15 p.m., a boy came and talked with victim boy and told him that his father is admitted in the Nippani Hospital and took him. Hence, a complaint came to be registered in Crime No.178/2022 of Sankeshwar Police Station for the offences punishable under Sec. 363 of IPC. The Investigating Officer during the investigation has arrested the petitioner and other accused and the petitioners/accused Nos.3 and 4 are in judicial custody. The petitioners and two others filed Criminal Misc. No.5549/2022 seeking bail and the same came to be rejected by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi by order dtd. 1/9/2022. Therefore, the petitioners are before this Court, seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioners in both the petitions and the learned HCGP for the respondent-State.