Sri Praveeen @ Nepali Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.88/2024 AND IN S.C.No.22/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 61(1), 140(2), 238 R/W 190 OF BNS, 2023 AND SECTION 25 OF ARMS ACT.

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NC: 2025:KHC:49880 CRL.P No. 14426 of 2025

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HC-KAR

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.3 under Section 483 of BNSS praying to grant bail in Crime No.88/2024 registered for offences under Section 61(1), 140(2), 238 read with 190 of BNS, pending in SC No.22/2025, on the file of III Additional District Sessions Judge, Chikkaballapura.

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Heard learned counsel for petitioner and learned Additional SPP for respondent/State.

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Learned counsel for petitioner would contend that accused Nos.4 to 8 have been granted bail. There is recovery of only mobile phone from this petitioner. The accused persons who have been granted bail are similarly placed to that of the petitioner. Huge amount of cash has

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been seized which was in the bag of accused No.2. As charge sheet is filed, the petitioner is not required for

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custodial interrogation. The petitioner is in judicial custody since 01.08.2024. He further submits that merely the petitioner is having criminal antecedents, is not a ground for rejecting his bail petition and on that point he places reliance on the decision of Hon’ble Apex Court in the case

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of Prabhakar Tewari vs State of UP and another (Crl.A.No.152/2020 disposed on 24.01.2020) and on the order passed by co-ordinate Bench of this court in Crl.P.No.6841/2020. With this he prayed to allow the petition.

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Per contra , learned Addl.SPP would contend that the petitioner is having criminal antecedents and involved in 7 cases for similar offences. Huge amount has been seized from the car in which this petitioner, accused No.8 and accused No.2 were travelling. There is kidnapping of the victim for ransom. The petitioner and other accused have collected Rs.60,00,000/- by kidnapping the victim. Considering that the petitioner is having criminal antecedents, there are chances of him threatening the

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NC: 2025:KHC:49880 CRL.P No. 14426 of 2025

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prosecution witnesses, committing similar offence. With

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this, she prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

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The FIR in the present case was registered against unknown persons on the basis of first information received on 21.07.2024 from the victim. In the first information, it is alleged that on 20.07.2024 at about 07.30 a.m. when

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the victim was walking near his farmhouse at Chikkasagarahalli, about 6 unknown persons who came there and caught hold of him and placed a gun like material on his head and took him forcibly in a car and demanded payment of Rs.60,00,000/- to release him and the said persons also allegedly assaulted him with wooden clubs. The victim allegedly called his friends and relatives and made arrangements for payment of total sum of Rs.60,00,000/- to the accused persons. After collecting the above amount in cash from the victim, released him at

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about 07.00 p.m. and thereafter escaped in a swift car. During investigation, police have arrested totally 8 persons and after investigation charge sheet has been filed against 8 persons. The petitioner has been arrayed as accused No.3 in the charge sheet.

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The allegation in the charge sheet is that accused No.1 to 7 has conspired to kidnap victim/CW1 and demanded ransom amount for his release. In furtherance of the conspiracy on 20.07.2024 at about 07.00 a.m. the accused persons came near farm house in their car fixing fake number plate and they had kidnapped the victim in their car and thereafter demanded ransom amount of Rs.60,00,000/- from him. It is also alleged that accused persons had assaulted the victim with wooden clubs in furtherance of their demand for ransom money and also threatened him with dire consequences showing deadly weapons. Therefore, victim had called his friends and relatives from his mobile phone and made arrangements for payment of Rs.60,00,000/- which was brought to the

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place as instructed by the accused persons and handed over to them by the victim in cash. The accused persons after collecting the cash of Rs.60,00,000/- which was brought by different persons as per request made by the victim and handed over to them had released the victim at about 07.00 p.m. and thereafter allegedly escaped in a car.

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There is a recovery of Rs.4,50,000/- cash and

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mobile phone from accused No.1. A gold chain and cash of Rs.31,50,000/- from accused No.2 kept in a bag in the car. There is a recovery of mobile of this petitioner. There is recovery of car and Rs.10,000/- from accused No.4. At the time of seizure, accused Nos. 2 and 3 were travelling in the car and seized amount is Rs.31,50,000/- kept in the

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bag. On perusal of voluntary statement of this petitioner/accused No.3, it is stated by him that the said amount also includes his share and accused No.2 had promised him to give his share out of that amount. Considering the said aspect, there is a prima-facie against

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the petitioner for offence alleged against him. The offence alleged against the petitioner is punishable with imprisonment which may extend to 10 years. Apart from that, the petitioner is having criminal antecedents and involved in 7 cases. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses, committing similar offence and flee from justice. Considering the above aspect, the petitioner has not made out any grounds for grant of bail.

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In the result, the petition is dismissed.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 55 Ct.sm

Sri Praveeen @ Nepali v. the State of Karnataka

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Sri Praveeen @ Nepali v. the State of Karnataka

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