PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused, on bail in Crime No.74/2022 of Aland Police Station, registered for the offences punishable under Ss. 341 , 342 , 365 , 395 and 504 of Indian Penal Code ('the Act' for short), on the file of Prl. Civil Judge and JMFC, Court at Aland.

(2.) It is alleged by the prosecution that FIR came to be registered on the basis of statement of complainant who is cleaner of Bolero pickup vehicle bearing Reg.No.KA- 34-B7151 which belongs to owner by name Dilip. One Vishnu was working as driver in the said vehicle. It is alleged that on 29/5/2022 at about 10.00 p.m. complainant and driver were proceeding from Kalaburagi towards Umarga to unload rice. On the way they stopped the vehicle for lunch at about 01.00 am. Further, while they were proceeding towards Umarga near Aland Check Post, 07 to 08 persons were standing by the road side on their motorcycles. They stopped the pick up vehicle. This petitioner took the cell phone from driver and called the owner of vehicle and said that they have to perform Jatra at Aland, and asked owner to come and meet them till then they will not release the rice loaded vehicle. Thereafter, petitioner took the complainant and driver along with said rice loaded vehicle to Bheem Nagar and snatched cash of Rs.8,500.00 from them and they were assaulted with club and hands. It is further alleged that complainant and driver were brought back and the vehicle was parked near check post. Thereafter, one Manjunath who is working under him came at 01.00 pm. The complainant and Manjunath came towards Aland bus stand. Accused again came there and wrongfully restrained them and took them forcibly to a land near Bheem Nagar and assaulted the complainant and others by deadly weapons like sticks and hands and caused injuries. Hence, the case came to be registered for the offences as stated above. His bail petition under Sec. 439 of Cr.P.C. came to be dismissed by the III Additional District and Sessions Judge, at Kalaburagi. Hence, the petitioner has filed this petition.

(3.) Heard Sri. R. S. Lagali, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.