This bail petition was dismissed as there were no changed circumstances. The court noted the gravity of the kidnapping for ransom charge and rejection of the earlier identical application by the same high court.
The petition for bail was dismissed due to lack of changed circumstances and gravity of the offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 6102 OF 2023
BETWEEN:
ABDUL NAFSAL S/O MAHAMMAD ALI PATEL, AGE 34 YEARS, BAKKAM VALAPPU, P.O. ANGADAIMOGARU, KASARAGODU, KERALA STATE-671 321.
…PETITIONER
(BY SRI. BIJOY .M.T, ADVOCATE) AND:
THE STATE BY BANNERUGHATTA POLICE, BANGALORE DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.
Digitally signed by RENUKAMBA K G
Location: High Court of Karnataka
…RESPONDENT (BY SMT. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.15318/2022 (CR.NO.143/2022) OF BANNERGHATTA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 342,347,364A R/W 34 OF IPC ON THE FILE OF THE III ADDL.CIVIL JUDGE AND J.M.F.C AT ANEKAL.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Criminal Procedure Code, 1973 (‘Cr.P.C.’ for short) for enlarging the petitioner on bail in Crime No.143/2022 of Bannerghatta Police Station registered for the offence punishable under Sections 342, 347, 364A read with Section 34 of Indian Penal Code, 1860.
learned High Court Government Pleader. Perused the records.
the complainant has filed a complaint alleging that he is a businessman and owner of Reliance Prestige Private Limited having four children. It is alleged that victim Ibrahim Anees is his third son and he is assisting him in the business of the firm. According to the prosecution, on 12.07.2022, at about 00.50 a.m. after finishing his work, when the victim came to his house and parked the car near his house, 3 to 4 hijackers came and attacked him and kidnapped him in front of his house in a vehicle. In this regard, crime came to be registered in Crime No.143/22. During the course of the investigation, petitioner was arrested who is arrayed as accused No.6 and the investigating officer has subsequently submitted the charge sheet. This is the successful bail petition filed by the petitioner.
forthcoming for grant of bail. This court vide order dated
NC: 2023:KHC:30417 CRL.P No. 6102 of 2023
17.03.2023 in Crl.P.No.946/2023 has dismissed the earlier bail petition.
dispute is pertaining to business and no ransom is demanded and alleged kidnap is not for ransom. However, this point is already addressed during the earlier bail petition and same was rejected. As the prosecution papers disclose that the kidnap was in view of the business transaction and there was demand for Rs.1 Crore for releasing the victim. Prima facie there is material evidence to show that the ingredients of offence under Section 364A are attracted.
NC: 2023:KHC:30417 CRL.P No. 6102 of 2023
with other persons one unknown person was involved in the kidnap and he was later identified. All these aspects have been considered in the earlier bail petition and the abduction is for the purpose of ransom. Considering the nature and gravity of the offence, no fresh grounds are forthcoming to admit the petitioner to bail. There are no changed circumstances to entertain the petition. Hence, the petition being devoid of merits does not survive for consideration and accordingly it stands dismissed.
Sd/JUDGE
SS
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether there are changed circumstances to enlarge the petitioner on bail considering previous rejection.
ABDUL NAFSAL S/O MAHAMMAD ALI PATEL
THE STATE REPRESENTED BY STATE PUBLIC PROSECUTOR
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
