HARSHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE case of the prosecution that one Kushal(deceased), aged about 4 years, a student in St. Lords school, Mathikere. P.W. 16 is the father of the deceased. The P.W. 19 is the mother of the deceased, who usually used to pick up the child after school hours. On 19.8.1996, P.W. 19 had some other work, therefore, requested her son -P.W. 17 to bring the deceased from the school. P.W. 17 is a teen -aged boy, forgets the instructions of his mother. P.W. 19 returned home and found that the deceased has not come back from the school, therefore goes to the school to make enquiry, to her dismay finds that all the children had gone home and the deceased was not found in the school but school bag and tiffen box belonging to the deceased was in the class room. P.W. 16 and P.W. 19 makes intense search in vain to know the whereabouts of the deceased. On the same day in the night at 11.35 p.m. P.W. 16 lodged a missing complaint before the Yeshavanthapura police.

(2.) ON 20.8.1996 at 11.00 a.m. P.W. 16 gets anonymous call demanding ransom of Rs. 4,00,000/ - for the safe release of the deceased. After bargain over the phone the caller settles to release the boy on payment of Rs. 1,50,000/ -. P.W. 16 informs the police about the anonymous call, on the basis of the said information, the FIR is registered at Ex.P.7 for the offence punishable Under Section 364 -A I.P.C. without the clue of the accused.

(3.) ON 23.8.1996, at 8.30 p.m. P.W. 16 along with P.W. 18 go to the instructed place keeps the cash bag on the steps of the swimming pool and goes away. The P.W. 45 and P.W. 46 -the police Officers discreetly keeping watch at the scene had come prepared with P.W. 11 and P.W. 12, (independent witnesses). The accused come by scooter goes and picks the bag. The P.W. 45 and the P.W. 46 become vigilant and move into action. The accused sensing danger runs away carrying the bag towards the Sankey Tank. The accused in the process of escape fell into the gutter. The P.W. 45 and P.W. 46 apprehends the accused, who was lying injured in the gutter.