PRAVEEN ALIAS KABADI PRAVEEN Vs. STATE OF KARNATAKA REPRESENTED BY OFFICER IN CHARGE OF POLICE STATION

JUDGEMENT

(1.) THE petitioner, who is arrayed as accused No. 5 in Crime No. 210/2013 on the file of Rajajinagar Police Station, Bangalore City, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 342, 504, 506, 364(a), r/w. 149 of IPC, is before this Court seeking for grant of regular bail. The respondent police on the complaint of one Sri. E. Harish S/o. Late Eshwar Naidu, a resident of Manjunathnagar, Bangalore City have registered the above case initially against this petitioner and 8 others and have taken up investigation.

(2.) IT is alleged among other things in the complaint that on 7.9.2013 at about 9.00 p.m. accused No. 1 requested the complainant to come and wish him on his birthday by contacting him over telephone. Accordingly, the complainant came near E.S.I. Hospital, Rajajinagar when the complainant came to the said place at about 10.45 p.m. and wished accused No. 1 on his birthday, accused No. 1 requested him to sit in the Tata Sumo Car which was with him. Thereafter he took the complainant in the said car along with three others, who were in the same car towards Ring Road via Manjunathanagar and on the way three more persons boarded the car. The complainant suspecting them raised cries but he was over powered by gagging his mouth. Thereafter he was sprayed on his eyes and assaulted on his face with hands. They also directed him to get a sum of Rs. 1,00,000/ - as otherwise he would be finished off. On account of the act committed on him, he became unconscious and when he regained the conscious on 8.9.2013 they were near a Government School near Mysore and at the said place again the accused directed him to secure Rs. 1,00,000/ - by assaulting him with hands and threatened him with dire consequences, thereafter they brought him near a tank, assaulted him with knife on his both thighs, head with stones and directed him to get the money near Pushpanjali Theatre and hand over the same to a boy sent by A1. Accordingly, an amount of Rs. 3,50,000/ - was sent by his mother which was received by the person, who was sent by A1 and thereafter on 9.9.2013 at about 10.00 a.m. he was set free by sending him in an auto rickshaw. The respondent police during the course of investigation arrested this petitioner and since then he is in custody.

(3.) PER contra, the learned HCGP vehemently opposed the application filed by the petitioner.