ASMA MOHAMMADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.1 is sought to be prosecuted for the offences punishable under Ss. 506, 364A, 149 , 384, 323 of IPC.

(2.) The case of the prosecution is that, on 7/3/2021, the petitioner - accused No.1 sent a message through WhatsApp to the mobile phone of the respondent No.2 asking her to come at Caf ((THELAW)) Azore situated at Kammanahalli for organizing an event. The respondent No.2 met the petitioner - accused No.1. The petitioner - accused No.1 said that there is a villa project at Avalahalli, and both of them went to the project site, and while showing the project, a red coloured car came, and five persons came out of the car, and started to assault the respondent No.2. The unknown persons forcibly kidnapped the petitioner and the respondent No.2, took them in a car, and threatened to kill if they do not pay Rs. One lakh and stole Rs. 40,000/- cash, and a mobile phone from the respondent No.2. Thereafter, the unknown persons called the father of the respondent No.2, demanded to bring Rs. 80,000/- to some deserted area, took the respondent No.2, tied and hit him, and threatened to kill the respondent No.2 if fails to pay the money.

(3.) On 8/3/2021, the respondent No.2 when could not bear the harassment, gave Rs. 45,000/- cash after borrowing it from his friend and Rs. 5,000/- from another friend. The unknown persons took four ATM cards, forcibly obtained the ATM card pin numbers, withdrew Rs. 34,000/- from the bank account, and threatened him saying that, he shall not disclose the same and otherwise, he will not be spared. Thereafter, when the conversation took place among the unknown persons in the car, the respondent No.2 heard one of the name among those persons known as Sajjad, upon which, a complaint was filed with Kothanur Police Station, and later the FIR was transferred after obtaining necessary permission from the learned Magistrate. Hence, this petition.