BENGALURU, AUGUST 23, 2023 – The LXV Additional City Civil & Sessions Judge, Bengaluru, has granted regular bail to two students, Chandan Gowda and Ankith Raj, who were arrested in connection with a case of alleged kidnapping, extortion, and assault. The order, delivered by Judge Shri. Hemanth Kumar C.R., allowed the bail petition filed under Section 439 of the Cr.P.C., concluding that the apprehension of the prosecution could be met by imposing stringent conditions.

Chandan Gowda, aged 20, and Ankith Raj, aged 21, were the petitioners (Accused No. 1 and 2) seeking release on bail in Crime No. 289/2023 registered by the Sampigehalli Police Station. The case was filed under serious sections of the Indian Penal Code (IPC), including 364A (Kidnapping for ransom, etc.), 384 (Extortion), 323 (Voluntarily causing hurt), and 324 (Voluntarily causing hurt by dangerous weapons or means), read with Section 34 (Acts done by several persons in furtherance of common intention).

Details of the Complaint

The complaint, lodged by the victim, alleged that on August 10, 2023, around 11:00 a.m., a group of individuals including Mubha, Ankith (Accused No. 2), and Chandan Gowda (Accused No. 1), along with three other friends, arrived on a bike. They allegedly took the complainant to Thanisandra ground where they proceeded to assault him with a wooden stick and their hands.

The primary accusation was that the group threatened the complainant to pay Rs. 30,000/- to one Mubha @ Mubarak @ Nayaz Khan. The threats were severe: they allegedly stated they would inform the complainant’s parents that he was involved in a drugs case, threatened to “sell him and get the amount” if he failed to pay, and also threatened to upload his naked photos on WhatsApp status. Subsequently, the complainant’s friend was forced to pay Rs. 18,000/- to the accused persons. The assault and detention reportedly lasted from 11:00 a.m. to 5:30 p.m., after which the accused left the spot. The police arrested Chandan Gowda and Ankith Raj on August 15, 2023, and they have since been in judicial custody.

Defense Arguments for Bail

The counsel for the petitioners argued for their innocence and contended they were falsely implicated. Key points raised included:

1. False Implication and Financial Dispute: The petitioners are friends of Accused No. 4 (Mubha). The true issue was a financial transaction dispute between the complainant and Accused No. 4, and the petitioners were falsely dragged into the case to allow the complainant to escape liability.
2. No Prima Facie Case for Kidnapping: The counsel argued that the petitioners had not kidnapped the complainant, and there was no recovery of any incriminating material from the present petitioners.
3. Delay in Lodging FIR: The incident allegedly occurred on August 10, 2023, but the complaint was filed two days later, on August 12, 2023, suggesting it was an afterthought.
4. Lack of Specific Overt Act: No specific and direct overt act was attributed to Chandan Gowda and Ankith Raj in the commission of the offenses.
5. Impact on Education: Crucially, the petitioners asserted they are college students, and continued judicial custody with “hard core criminals” would severely jeopardize their education and future prospects.

Prosecution Opposition

The learned Public Prosecutor vigorously opposed the bail plea, emphasizing the grievous nature of the alleged offenses, especially Section 364A (Kidnapping for Ransom), which is a serious charge. The prosecution expressed apprehension that if the petitioners were released, they would likely threaten prosecution witnesses, destroy evidence, abscond, and ultimately hamper the trial process.

Court’s Analysis and Ruling

The court acknowledged that the offenses alleged, while grievous, are not punishable with imprisonment for life or death. The Judge noted that the petitioners had been in judicial custody since their arrest on August 15, 2023.

In weighing the allegations against the circumstances, the court gave significant weight to the petitioners’ profile. It highlighted the fact that the petitioners are of young age and college students, having produced college ID cards to substantiate their claim.

While the investigation is ongoing and the court cannot definitively conclude the petitioners’ guilt or innocence at this stage, the Judge noted that the offenses must ultimately be proven during the course of the trial. The court then addressed the prosecution’s apprehension, ruling that these concerns could be adequately addressed by imposing strict conditions on the bail order.

The LXV Addl City Civil & Sessions Judge concluded that, considering all the facts—the petitioners being young students and residents of the specified address—they could be enlarged on bail.

Conditional Release

The court ordered the release of Chandan Gowda and Ankith Raj on regular bail, subject to the execution of a personal bond for Rs. 1,00,000/- each with one surety for the like sum. The release is contingent on adherence to the following stringent conditions:

1. Court Attendance: The petitioners shall appear before the court on all dates of hearing.
2. Cooperation with I.O.: They shall appear before the Investigating Officer whenever called upon for the purpose of further investigation.
3. No Criminal Activity: They shall not involve themselves in any criminal activities.
4. No Tampering: They shall not tamper with the evidence and shall not threaten, induce, or allure the prosecution witnesses in any manner whatsoever.
5. Jurisdiction Restriction: They shall not leave the jurisdiction of the court without its prior permission.
6. Address Proof: They must produce a permanent address proof document.

This order ensures the petitioners’ release while safeguarding the investigation process and mitigating the risks cited by the prosecution.