KABC010018092023
IN THE COURT OF THE L ADDITIONAL CITY CIVIL
& SESSIONS JUDGE, SPECIAL CHILDREN’S
COURT, BENGALURU [CCH-51]
Present:
Sri.SANTHOSH C.B., B.A., LL.B.,
L Addl. District and Sessions Judge, Bengaluru.
Dated this the 23 rd day of January, 2023.
Crl. Misc.No.580/2023
Petitioner:
Gourab Singh
S/o. Late Prem Singh,
Aged about 37 years,
R/at. No.B-01, AlphasNorth Brook, 16th “A” Cross,
Neeladra Nagar,
Electronic City,
Bengaluru.
(UTP.No.5941/2022)
[Accused no.4]
[in J.C.]
[By Sri Prasanna Rao, Adv.]
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Crl.Misc.No.580/2023
-VsRespondent
:
The State of Karnataka,
By Hennur P.S.
Bengaluru.
[By the Public Prosecutor].
ORDER
The petitioner / accused no.4 has filed this bail petition
u/s.439 of Cr.P.C., seeking regular bail in Spl.CC.No.20/2023
arising out of Cr.No.158/2022 of Hennur P.S for the offences
punishable u/s.363 and 364(A) r/w. 34 IPC.
2. The gist of the prosecution case as emanated from
the charge sheet is that the accused no.1 Mangeetha Devi
W/o. Amarjeeth Ram, aged 26 years was residing beside
the house of complainant Mr.Subhash and thereby she
became familiar with the family of complainant.

Accused
no.1 with an intention to make easy and quick money she
approached accused no.2 to 4 and hatched a plan to kidnap
the son of complainant for ransom.

Accordingly, on
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Crl. Misc.580/2023
07.06.2022 around 5.30 p.m. accused no.2 Durga kidnapped
the minor son of complainant Dhammadeep, aged 11 years
from Banjara lay out, Bangalore, confined him in the house
of present petitioner/accused no.4 and made a phone call to
the complainant’s wife and demanded ransom of Rs.50 lakhs
for safe release of her son.
3.

At the first instance, a missing complaint was
lodged against unknown persons by the Hennur P.S.
Subsequently, the accused persons were arrested and the
son of complainant was rescued.

4.

Accused no.4 being aggrieved by the order of
detention has preferred this bail petition under Sec.439 of
Cr.PC., seeking to enlarge him on bail on various grounds.

5.

In pursuance of the notice issued from this court,
the learned Public Prosecutor entered appearance and filed
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Crl.Misc.No.580/2023
his objections to the said bail petition and prayed to reject
the said bail petition on various grounds.
6. On going through the papers and on hearing the
arguments of both the sides, the points that arise for my
consideration are:
1. Whether the petitioner/Accused No.4 is
entitled to be enlarged on bail u/s.439
Cr.PC.,?
2. What order?
7. My finding on the above points are as under:
Point No.1 :
In the Affirmative
Point No.2 :
As per final order
for the following:
REASONS
8. Point No.1: It is the argument of learned counsel for
the petitioner/accused no.4 that the petitioner is innocent of
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Crl. Misc.580/2023
the offences alleged against him and he has been falsely
implicated by the police in the case only to harass him.

9.

It is the contention of the petitioner’s counsel that
there are no ingredients to attract the offence under section
364A of IPC. It is further contended that the petitioner has
been falsely implicated by the police and there is no
connection between the petitioner and the alleged incident.
The alleged offence is not punishable with imprisonment for
life or death.

10.

The petitioner’s counsel further contends
that the petitioner the petitioner is ready and willing to abide
by any conditions that may be imposed by this court in the
event of his release and therefore, prays to consider his bail
application.

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Crl.Misc.No.580/2023
11. On the contrary, the learned Public Prosecutor
has filed
objections to the bail petition reiterating the
complaint averments in brief and he has further contended
that the petitioner has committed the offences, which are
heinous in nature. The Investigation Officer has submitted
the charge sheet against accused no.1 to 5, which makes
out from a prima-facie case against the present accused and
the statements of all the witnesses clearly disclose their
intention of kidnapping the minor son of complainant. It is
further contended that if the petitioner is enlarged on bail, he
may commit similar offences, he may abscond or may
tamper the prosecution witnesses and thereby cause delay
to the proceedings.

Hence,
he prays to reject the bail
petition filed by the petitioner
12.

In the backdrop of the above said argument
and counterargument, the petitioner/accused no.4 along with
other accused persons are charge sheeted for the offences
punishable under Sec.363 and 364A
r/w. 34 of IPC for
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Crl. Misc.580/2023
having kidnapped the minor son of complainant for ransom.
The Investigation Officer after completing the investigation
has filed the charge sheet before the jurisdictional XI Addl.
Chief Metropolitan Magistrate, Bengaluru and thereafter the
case has been committed and made over to this court on
04.01.2023 and pending for trial.

13.

It is the specific case of the prosecution
that the accused no.1 with an intention to make unlawful gain
for herself has joined hands with the other accused persons
and said to have kidnapped the minor son of complainant
and confined the minor child in the house of present
petitioner/accused no.4. Still then the petitioner claims to be
innocent of the offences alleged against him. No doubt, the
offences alleged against the accused are heinous in nature,
yet the truthfulness of these allegations need to be
ascertained only at the time of full fledged trial. At this stage,
no pre-trial conclusions can be drawn against the culpability
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Crl.Misc.No.580/2023
of accused. The offences alleged are not punishable either
with death or imprisonment for life. The petitioner cannot be
detained behind bars by way of punishment. It is settled
principle of law that pre-trial detention is bad under Criminal
Jurisprudence. When the investigation is completed and
charge sheet is filed, his presence is not required for
investigation and in this background, this court feels that the
custodial trial is not warranted.

14. The Hon’ble Apex Court in catena of decisions
has
categorically held that the approach of court in the
matter of bail should not be such that the accused should be
detained in jail by way of punishment before the trial, the only
material consideration is to whether the accused would be
readily available for trial and whether he/she is likely to
abuse the discretion granted in his/her favour by tampering
with the prosecution witnesses and hampering the progress
of the case. Considering the well settled principles of law in
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Crl. Misc.580/2023
considering the bail applications, by considering the nature
and gravity of the allegations levelled against the accused,
position and status of the accused, I am of the opinion that
the discretion vested upon this court can be exercised in
favour of the petitioner/accused no.4 by imposing stringent
conditions
to
prosecution.

allay
the
apprehensions
aired
by
the
Accordingly, I answer this point in the
affirmative.

15. Point No.2: For the reasons discussed and
stated supra, I proceed to pass the following:
ORDER
The petition filed by the petitioner/Accused No.4
is hereby allowed with conditions:The petitioner/accused no.4 shall be enlarged on
bail on he executing personal bond for a sum of
Rs.2,00,000/- with two sureties for the like sum to the
satisfaction of this court, out of which one shall be
local solvent surety subject to strict verification of the
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Crl.Misc.No.580/2023
surety documents by the competent authorities and
subject to the following:-
CONDITIONS
1. The petitioner shall not repeat similar kind of
offences.
2. He shall not tamper with the evidence and threaten
the prosecution witnesses in any manner.

3. He shall not leave the jurisdiction of this court till the
completion of trial.
4. He shall execute personal bond with two sureties as
ordered above without fail.
5. He shall appear before the court on all the dates of
hearing without fail.
6. He shall furnish his Proof of Address or any other
equivalent documents, List of his family members with
their supportive identity documents issued by the
competent authorities.
***
[Dictated to the J.W. on computer, print out
taken by her, corrected, signed and then
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Crl. Misc.580/2023
pronounced by me in open court on this the
23 rd day of January, 2023].

(Santhosh C.B.)
L Addl.City Civil & Sessions Judge,
Sitting at Children’s Court, Bengaluru.

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Crl.Misc.No.580/2023
23/01/2023:
ORDER PRONOUNCED IN OPEN COURT
(Vide separate order)
ORDER
The petition filed by the petitioner/Accused No.4 is
hereby allowed with conditions:The petitioner/accused no.4 shall be enlarged on bail on
he executing personal bond for a sum of Rs.2,00,000/- with two
sureties for the like sum to the satisfaction of this court, out of
which one
shall be local solvent surety subject to strict
verification of the surety documents by the competent authorities
and subject to the following:CONDITIONS
1. The petitioner shall not repeat similar kind of offences.
2. He shall not tamper with the evidence and threaten the
prosecution witnesses in any manner.
3. He shall not leave the jurisdiction of this court till the
completion of trial.
4. He shall execute personal bond with two sureties as ordered
above without fail.
5. He shall appear before the court on all the dates of hearing
without fail.

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Crl. Misc.580/2023
6. He shall furnish his Proof of Address or any other equivalent
documents, List of his family members with their supportive
identity documents issued by the competent authorities.

(Santhosh C.B.)
L Addl.City Civil & Sessions Judge,
Sitting at Children’s Court, Bengaluru.