BENGALURU – In a significant legal development, the L Additional City Civil and Sessions Judge, acting as the Special Children’s Court in Bengaluru, has granted regular bail to Gourab Singh, the fourth accused in a high-profile kidnapping for ransom case. The decision was delivered by Hon’ble Judge Sri Santhosh C.B. on January 23, 2023, following an extensive hearing regarding the petitioner’s involvement in the alleged abduction of an 11-year-old boy in the Hennur Police Station limits.
The case, registered under Criminal Miscellaneous No. 580/2023, stems from a dramatic series of events that began in June 2022. According to the prosecution’s charge sheet, the primary accused, Mangeetha Devi (Accused No. 1), who resided adjacent to the complainant Mr. Subhash, allegedly hatched a plan to acquire quick wealth. The prosecution asserts that she collaborated with other individuals, including the petitioner Gourab Singh, to kidnap the complainant’s minor son, Dhammadeep.
On June 7, 2022, the child was reportedly kidnapped from Banjara Layout by Accused No. 2, Durga, and subsequently confined in the residence of Gourab Singh. The prosecution alleged that a ransom demand of Rs 50 lakhs was made to the child’s mother for his safe return. Following a missing person report, the police successfully rescued the child and arrested five individuals, including Singh, who had been in judicial custody since his arrest.
During the bail proceedings, the counsel for the petitioner, Sri Prasanna Rao, argued that Gourab Singh was innocent of the charges and had been falsely implicated by the police. The defense contended that there were insufficient ingredients to attract the stringent provisions of Section 364A of the Indian Penal Code, which deals with kidnapping for ransom. Furthermore, the defense emphasized that the investigation was already complete and the charge sheet had been filed, rendering further custodial detention unnecessary.
The Public Prosecutor strongly opposed the bail application, highlighting the heinous nature of the crime. The prosecution argued that the statements of witnesses clearly established a prima-facie case against Singh and expressed concerns that his release could lead to the tampering of evidence or the intimidation of witnesses.
In the court’s detailed reasoning, Judge Santhosh C.B. observed that while the allegations were serious, the truthfulness of the claims could only be determined through a full-fledged trial. The court noted that under Indian Criminal Jurisprudence, pre-trial detention should not be used as a form of punishment. Since the investigation was concluded and the case was already committed for trial, the court found that the presence of the accused in custody was no longer warranted for investigation purposes.
The court cited established principles from the Apex Court, noting that the primary considerations for bail are the availability of the accused for trial and the likelihood of them abusing their liberty. Finding that these risks could be mitigated through strict conditions, the court ruled in favor of the petitioner.
As part of the bail order, Gourab Singh was directed to be released upon executing a personal bond of Rs 2,00,000 with two sureties of the same amount. The court imposed several stringent conditions to ensure the integrity of the upcoming trial. Singh is prohibited from repeating similar offenses, tampering with evidence, or threatening any prosecution witnesses. Additionally, he is restricted from leaving the jurisdiction of the court until the trial concludes and must appear for every hearing without fail.
The court also mandated that Singh provide his proof of address and a list of family members with supporting identity documents to the competent authorities. This order marks a pivotal moment in Spl.CC.No.20/2023, as the case moves toward the trial phase where the culpability of all five accused individuals will be formally adjudicated.