The LXIII Additional City Civil and Sessions Judge (CCH-64) at Bengaluru, presided over by Sri A.V. Patil, B.Com., LL.B., allowed the regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous No. 3103/2024 on April 10, 2024. The judicial order granted regular bail to Shivaraj Suresh Sajjanar (Accused No. 3) in connection with Crime No. 148/2024 registered by the Bellandur Police Station, Bengaluru. The petitioner faced prosecution for alleged offences punishable under Section 364(A) (kidnapping for ransom, etc.) read with Section 34 of the Indian Penal Code (IPC), pending on the file of the 41st Additional Chief Metropolitan Magistrate (A.C.M.M.), Bengaluru.

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a complaint lodged by one Mohammed Zayd on March 11, 2024, alleging an abduction and extortion incident that took place days earlier:

• The Incident: According to the informant, on March 8, 2024, at approximately midnight, his friend Tushar Goyal sent a parcel from Koramangala. To receive the item, the complainant went to the Hot and Cool Chai Point near Green Glen Layout and waited for the delivery.
• Delivery and Abduction: The parcel arrived through the petitioner, Shivaraj Suresh Sajjanar, who was working as an Uber delivery partner. While the complainant was interacting with the petitioner and collecting the parcel, two unknown persons allegedly emerged from behind, forcibly seized him, dragged him onto a Scooty, transported him to BTM Layout, and compelled him to transfer ₹50,000/- via Google Pay.
• FIR and Arrest: Based on the transaction trail linked to the Google Pay transfer, Bellandur Police arrested the petitioner on March 25, 2024, and remanded him to judicial custody.

Details of the Petitioner

• Name: Shivaraj Suresh Sajjanar (Petitioner / Accused No. 3)
• Father’s Name: Suresh Sajjanar
• Age: About 27 years
• Education & Occupation: BE Graduate, working part-time as an Uber Delivery Partner.
• Residential Address: C/o Manjunath Building, 4th Floor, Behind Anugraha Hospital, Konnappana Agrahara, Electronic City Post, Bengaluru – 560100.
• Legal Representation: Sri Srinivas Reddy Mudagannavar, Advocate

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Innocence and Bona Fide Delivery: The defense maintained that the petitioner was entirely innocent and had merely fulfilled a routine delivery order assigned through the Uber platform, collecting the item from BTM Layout and delivering it to the complainant upon receiving the mandatory OTP.
2. Lack of Awareness and Delay: Counsel highlighted that the alleged abduction occurred after the parcel delivery was completed, the petitioner’s name did not figure in the initial FIR, and there was an inordinate three-day delay in lodging the police complaint (March 8 to March 11, 2024).
3. Roots and Undertaking: The petitioner is a BE graduate with permanent roots in Bengaluru and serves as the sole breadwinner for his family. He assured the court of his readiness to abide by all stringent conditions.

On Behalf of the Respondent (State)

1. Gravity of Allegations: The Public Prosecutor opposed the bail application, submitting that the material gathered during the investigation prima facie pointed toward the involvement of the accused in a coordinated criminal scheme.

Judicial Findings and Legal Reasoning

Judge A.V. Patil evaluated the bail plea and recorded the following key observations:

1. Nature of Allegations and Delay: The court noted that while Section 364(A) IPC is non-bailable, it does not carry a mandatory sentence of death or life imprisonment. Furthermore, the significant delay of three days in filing the complaint and the absence of the petitioner’s name in the original FIR weighed in favor of the applicant.
2. Trial Adjudication: The court emphasized that the actual involvement of the petitioner and his complicity in the alleged offence remain matters of evidence to be established during a full-fledged trial.
3. Constitutional Benchmark: Reaffirming the fundamental doctrine that “bail is the rule and jail is an exception,” the court observed that continued pre-trial incarceration would expose a young graduate to hardened criminal elements unnecessarily, and that the prosecution’s concerns could be effectively safeguarded by imposing appropriate conditions.

Final Court Order and Imposed Conditions

Answering the point for consideration in the affirmative, the Sessions Court allowed the regular bail petition filed under Section 439 Cr.P.C.

The court ordered that Shivaraj Suresh Sajjanar be released on regular bail in connection with Bellandur Police Station Crime No. 148/2024, upon executing a personal bond for ₹80,000/- with one surety for the like sum to the satisfaction of the 41st ACMM Court, Bengaluru, subject to the following conditions:

1. No Witness Tampering: The petitioner shall not tamper with prosecution witnesses.
2. Non-Recidivism: The petitioner shall not commit similar offences.
3. Court Attendance: The petitioner shall appear regularly before the Magistrate Court and Sessions Court as and when required.
4. Identity & Address Proof: The petitioner shall furnish an attested copy of his Aadhaar card and proof of permanent address.

Note: The court clarified that the grant of regular bail does not restrict or limit the investigating agency’s rights and duties to continue investigating charges against the petitioner.