SARFARAJ SUBANMIYA JAMADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No. 7 under Section 439 of the Criminal Procedure Code seeking his release on bail of the alleged offences punishable under Sections 363, 364-A, 384 of Indian Penal Code, registered in respondent/Police Station Crime No. 117/2017 and after completing the investigation charge sheet came to be filed for the alleged offences punishable under Sections 120-B, 341, 363, 302, 396, 201 read with Section 34 of the IPC and also under Section 25 of the Indian Arms Act.

(2.) Brief facts of the prosecution case as per the complaint averments that accused by name Mujafar s/o Mohammed Shaikh, resident of Kakatives Belagavi, in APMC P.S.Crime No. 117/2017 and complainant took one Navid Kazi resident of Mahantesh Nagar to his custody and after enquiry it is revealed that said Navid Kazi and Rasid Malbari of Mumbai and his associates viz., Niyamat, Bilal, Ali, Sarfaraj and another in all 7 persons in the farm house of Nazir Nadaf at Saundatti, planned to kidnap Suresh Redekar of Belagavi and if they kidnap, they can collect the handsome money and they were watching near the service road of Tamrind Market at Ujwal Nagar regarding the movements of the Suresh Redekar from his shop. They were watching the movements by sitting in an Innova car bearing No. KA-22/P-3565. When they were so watching, Rasid has also asked to call Sarfaraj and as such he called Sarfaraj that the present petitioner herein, Sarfaraj came there on an Activa motorcycle. When they were so watching the Suresh Redekar's red car came on the service road from his shop and as such Navid Kazi, Rasid and others have followed the said car and when the red car came from the service road towards Kanakadas Circle, thereafter near Cancer Hospital and went towards Kolhapur through NH-4 highway. When the said car was passing after Nisarga Dhaba, Rasid Malbari and others overtook the said car and dashed to the front bumper of the said car, through their Innova and stopped the same. After the inmates of the car climbed down came near the car by speaking something, at that time Rasid Malbari and Bilal have got down from their car and aimed their pistols and dragged him inside their car. Rasid Malbari told to Navid Kazi to take the said car of Redekar and follow the Innova. They took the said persons in their car went to Honaga Industrial cross took a U-turn and came towards Hirebagewadi, thereafter again took U-turn through the underpass and again came on NH-4 highway and proceed further came near Rajastan Dhaba, near Mukti Math thereafter they crossed the Gugaryanatti cross and stopped the vehicle. Rasid Malbari has told to Navid Kazi to stop the car of Redekar by the side of the road asked him to sit in Innova car. Accordingly Navid Kazi sat inside Innova car and after getting inside the car Navid Kazi told to Rasid Malbari, that the person whom they have kidnapped is not Suresh Redekar, but he is his son Rohan Redekar. Therefore, Rasid Malbari became little disturbed and asked to drive the car again took U-turn and came on the highway near Udyambag, at that time Bilal and Ali have tied the legs put the cloth in the mouth of Rohan Redekar, through Jamboti road they pass Kankumbi village. At that time the left side back wheel suffered puncture it was 12.00 p.m. during night. Therefore Navid Kazi called Sarfarz i.e. present petitioner herein asked him to bring the stepney of Innova car and Sarfaraj/petitioner came there at 02.00 p.m. he changed the wheel and installed the stepney and when the Sarfaraj asked, where is Suresh, then Rasid said Suresh was not found and he brought his son Rohan; thereafter Sarafarj went back to Belagavi. On the basis of the alleged allegations made in the complaint, a case came to be registered.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No. 7 and also the learned High Court Government Pleader for the respondent/State.