LAWS(KAR)-2018-10-166

CHAMPU KUTTI @ KUTTI Vs. STATE OF KARNATAKA

Decided On October 03, 2018
Champu Kutti @ Kutti Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under section 439 of Cr.P.C., 1973 to release him on bail for the offences punishable under Sections 143, 342, 364A, 384, 120B, 504, 506 r/w 149 of IPC in Crime No.49/2018 of Subramanyapura Police Station.

(2.) I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The gist of the complaint are that the complainant is a student studying in B.Com in Vijaya Evening College and was also administering the money transaction of his uncle Narayanaswamy who is running the Bar and Restaurant. On 7.2.2018 at about 11.00 a.m. complainant was returning from the construction spot on his two wheeler. When he came near Karnataka Bank, one Santro Car came and hit to his bike, when the complainant asked why they have hit to his bike, then they told him to come inside the car. The complainant refused and hence the accused persons made him to sit in the car, slapped and pushed him forcibly inside the car and thereafter took him and after two hours one of the accused person demanded Rs. 1,00,000/-, later they demanded Rs. 40,00,000/- and asked the complainant to make phone call to his house and when the complainant called to his relative Mohan and asked him to get Rs. 10,00,000/-. It is alleged that the said Mohan told that he has no such amount, for which the kidnappers said to pledge his car and get Rs. 5,00,000/-. It is further alleged that complainant asked Rs. 5,00,000/- from one Shravan as loan and near Devegowda Petrol Bunk, his friend came with Rs. 5,00,000/- and he collected the said amount. It is further alleged that at about 1.30 a.m., complainant asked the kidnappers to permit him to attend nature call, the accused persons removed the cloth with which they have tied on his eyes and the complainant saw that the said place was Hotel Empire, Kunigal. It is further alleged that on 8.2.2018, the accused persons again asked to call Mohan to get Rs. 5,50,000/- by pledging his car. Mohan came near Devegowda Petrol Bunk and gave the amount. It is further alleged that the kidnappers left the complainant near KSIT College and warned him to get remaining Rs. 30,00,000/-, otherwise they will kill him and his parents. On the basis of a complaint, a case was registered.