K.CHANNABASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.107/2022 of Hagaribommanahalli Police Station registered for the offences punishable under Ss. 363 , 364A , 506 and 109 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sec. 66C of the Information Technology Act, 2008.

(2.) The case of the prosecution is that, one Krishnamurthy S/o Narayanaswami aged 71 years has filed complaint stating that he is residing with his son Raghavendra and two granddaughters and the victim boy aged 5 years. It is further stated that on 3/7/2022, when he was in the house at

(3.) :00 p.m, his son and daughter-in-law came and told him that their son Aadvik had gone to play in the front yard, but he did not returned. Thereafter, they searched for him but could not trace out. It is further stated that at about 4:30p.m, his son received a phone call on his mobile phone bearing No.8722935282, from a mobile phone No.9886414562, wherein a person told him that his son is kidnapped and for his safe release he demanded a ransom of Rs.15,00,000.00 and further told that if the said amount is not paid, they will sent his son to some other place in a lorry. When the complainant's son told that he is not having that much of amount, immediately the said amount is reduced to Rs.3,00,000.00 and asked him to come along with his wife to the place where he suggests and cautioned him not to inform the police, else they will not see their son. The said complaint came to be registered against the unknown person in Crime No.107/2022 of H.B.Halli Police Station for the aforesaid offences. The police conducted investigation. During the investigation, they collected call records and the SIM which is used to call the son of the complainant was standing in the name of one Kumarappa and on inquiry by the police, he narrated that on 1/7/2022, he submitted his Adhar Card and brought the SIM card from accused No.6-Ravi and on the same day, two SIMs were activated in the name of Kumarappa. The police have interrogated accused No.6 and he revealed that on 1/7/2022, he activated two SIMs in the name of Kumarappa and one SIM has been given to Kumarappa and he kept another SIM with him. After that, accused No.2 approached accused No.6 and narrated that accused No.1 is planning to make kidnap of a minor child and he required a SIM. Accused No.6 gave that SIM, which is activated in the name of Kumarappa to accused No.1. Accused No.1 took the boy from front yard of the house of complainant and handed over the boy to accused Nos.3 and 4. Accused No.2 made conversation with son of the complainant through the mobile phone bearing No.9886414562. The police during investigation traced out the victim boy. The petitioner-accused No.2 came to be arrested on 04. 07.2022 and he is in judicial custody. The petitioner filed Crl.Misc.Petition.No.5449/2022, seeking bail and the same came to be rejected by the learned III Additional District and Sessions Judge, Ballari (sitting at Hosapete) by order dtd. 28/7/2022. The petitioner/accused No.2 had filed Criminal Petition No.102268/2022 before this Court at crime stage and it came to be rejected by order dtd. 25/8/2022. Thereafter, charge sheet came to be filed and this petitioner filed Criminal Miscellaneous No.5651/2022 seeking bail and the same came to be rejected by order dtd. 27/10/2022. Therefore, the petitioner is before this Court seeking bail. 3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.