IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 31ST DAY OF MARCH, 2011 BEFORE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10408/2011 Between: Kumar S/o.Siddappa Ganiger, Age 28 years, 0cc.: Coolie, R/o. Ganjigatti Village, Tq.: Kalaghatagi, Dist.: Dharwad. Petitioner (By Sri.N.L.Batakurki, Advocate) And: The State of Karnataka, By PSI Savalagi P.S., Dist.: Bagalkot, Rep. by SPP, High Court Circuit Bench, Dharwad. Respondent (By Sri. Vinavak Kulkarni, HCGP) This criminal petition is filed u,IS.439 of Cr.P.C. seeking to order to enlarge the petitioner on bail in respect of Savalagi P.S. Crime No.19/2011 by allowing this criminal petition, for the offences p/u/s. 365, 506 r/w. 34 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard the petitioner’s counsel and the learned High Court Government Pleader for the respondent State in respect of the bail sought by the petitioner who, along with two others, is accused of having committed the offences punishable under Sections 365 and 506 read with Section 34 of the IPC. 2. The prosecution case as per the complaint lodged by one Yellawwa is that, on 06.02.2011 at about 9.00 a.m., her husband went for work along with one Bhimappa Guggari at about 10.00 a.m. One Sadashiv Shirhatti telephoned and informed the complainant that some three persons stopped her husband and took him away in the vehicle and thereafter the complainant received a phone call to her mobile informing her that some person kidnapped her husband as the complainant’s husband had taken Rs. 1,00,000/- for sending workers and thereafter they also threatened and demanded Rs.50,000/- from her, 3. The submission of the petitioner’s counsel is that the husband of the complainant returned home itI on the ver -3- next day, complaint was also registered and police have also recorded the statement and the offences alleged are triable by the Magistrate and do not attract serious punishment and, therefore, the petitioner be released on bail. 4. The submission of the learned High Court Government Pleader for the respondent State is that, the accused had kidnapped the complainant’s husband on 06.02.2011 and he returned only 13.02.2011. Having regard to the above submission put forward and taking note of the nature of the offence alleged and the punishment prescribed and as the complainant’s husband returned home and also the statement having been recorded, in my view, the petitioner can be released on bail by imposing conditions and hence I pass the following order: ORDER i) Petitioner shall be released on bail on his • executing a personal bond for Rs.25,000/- with two sureties for the like sum to the satisfaction of the trial court. Jr ii) Petitioner shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) Petitioner shall mark attendance before the jurisdictional police station on every Saturday between 10.00 a.m and 5.00 p.m. iv) Petidoner shall not involve himself in like offences in future. If any of the above conditions are violated, bail granted will be cancelled. Sd! JUDGE Vnp