Ramesh Rathod Vs the State of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.38866/2022 PENDING ON THE COURT OF XXXVII ACMM, BENGALURU INITIATED AS AGAINST THE PETITIONER BY RESPONDENT NO.1 POLICE BASED ON THE COMPLAINT FILED BY RESPONDENT NO.2 FOR OFFENCE P/U/S.364-A AND 365 R/W SEC.34 OF IPC.

¶28

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

¶29

CORAM: HON'BLE MS JUSTICE J.M.KHAZI

¶30

ORAL ORDER

¶31

Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against him in

¶32

3 -

¶33

NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶34

HC-KAR

¶35

C.C.No.38866/2022 for the offences punishable under

¶36

Sections 364A and 365 r/w Section 34 of IPC.

¶37

For the sake of convenience, parties are referred to by their ranks before the trial Court.

¶38

In support of the petition, the petitioner has contended that accused No.1 is a businessman and Proprietor of M/s R.K.International Trading Company and running business at Kalaburagi. Therefore, there is no necessity for him to make a livelihood by committing crimes in the nature of extortion and kidnapping. He is not having any criminal antecedents. The father of victim is a habitual offender. Several cases are pending against him. He has cheated accused No.1 in a sum of ₹2,65,02,365/and in this regard case in Cr.No.7/2021 is registered against him. He was in jail and recently released on bail. In

¶39

this background, a false complaint is filed against the accused No.1 and others to force accused No.1 to withdraw the complaint filed against him and his family members.

¶40

4 - NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶41

HC-KAR

¶42

There are no bodily injury sustained by the victim to support the allegations. A make believer story is created that victim managed to escape from the clutches of accused persons under the pretext of answering nature's call and returned to Bengaluru. There is nothing to suggest that the alleged crime was committed at the behest of accused No1. Continuation of the criminal proceedings against accused No.1 would amount to abuse of process of the Court and hence the petition.

¶43

On the other hand, learned High Court Government Pleader representing respondent No.1 State and learned counsel representing respondent No.2 submitted that the father of victim by name Suresh is running Venkateswara Dal Mill at Kottacheruvu of Andhra Pradesh, whereas accused No.1 is running a Dal Mill by name R.K.International Trading Company at Kalaburagi. Suresh had purchased Toor Dal from accused No.1 and was due to pay the amount. Despite repeated demand and registering of criminal case, Suresh had failed to pay the

¶44

5 - NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶45

HC-KAR

¶46

amount. Therefore, accused No.1 planned to abduct his son

¶47

i.e, CW-2 Jagdish.

¶48

In this regard, he took the help of the

¶49

remaining accused. Accordingly, they kept a watch on CW2 Jagadish in Fortuner car bearing registration No.K–56– M–0800 ('Fortuner' for short) and Innova car bearing registration No.MH–14–BC–6165 ('Innova' for short) belonging to CW-10 Chandrashekhar. In furtherance of their common intention, on 18.07.2022 at 12-00 noon while CW-2 Jagadish after finishing college was proceeding towards his room, situated in Green View Apartment of Muneshwara Nagar, accused Nos.2, 3, 5 to 7 intercepted his motorcycle and forcibly took CW-2 Jagadish in Innova.

¶50

They informed CW-2 Jagadish that since his father has failed to pay Crores of rupees due towards purchase of Toor dal, they are abduct him as per the directions of accused No.1 Ramesh and that they are not going to leave him till his money is paid.

¶51

6 - NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶52

HC-KAR

¶53

They were proceeding towards Kalaburagi

¶54

through Devanahalli–Doddaballapur–Tumakuru route.

¶55

There vehicle was followed by a Fortuner in which accused No.1 Ramesh was travelling and it was driven by a driver.

¶56

Near Tumkur Toll, the accused persons transferred him to the Fortuner in which accused No.1 Ramesh was travelling. Accused No.1 abused him, saying that his father and uncle have cheated him by not paying cross of rupees towards purchase of Toor dal and therefore, he is being abduct. CW-2 Jagadish requested him to leave him as he is having exam on the next day and that he would speak to his father and agree to repay the money. However, accused did not release him. When they were near Sira town, CW-2 Jagadish expressed urgency to answer nature's call. Accordingly, two of the accused brought him out of the car. However, he managed to escape. Though accused tried to catch him, near the bypass road, he managed to board buses plying towards Bengaluru and reached Bengaluru at 6.00 p.m. After coming to know that his friends have

¶57

7 - NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶58

HC-KAR

¶59

already lodged complaint, he went to the police station at 6.30 p.m.

¶60

Based on the complaint filed by Indira a friend of CW-2 Jagadish, the concerned police registered case

¶61

against unknown persons. After CW-2 managed to escape from the clutches of accused persons, his statement is also recorded. Based on the information so collected, the concerned police have arrested accused No.1 and others. CW-2 is also subjected to medical examination. After conducting detailed investigation, concerned police filed charge sheet against accused No.1 and others. There is material to proceed against all the accused, including the petitioner. The disputed facts cannot be decided in petition under Section 482 Cr.P.C and pray to dismiss the petition.

¶62

Heard arguments and perused the record.

¶63

The father of CW-2 Jagadish is running a Toor Dal Mill by name Venkateshwara Dal Mill at Kottacheruvu, Andhra Pradesh, whereas accused No.1 Ramesh is also

¶64

8 - NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶65

HC-KAR

¶66

running a Dal Mill in the name of R.K.International Trading Company at Kalaburagi. It is alleged that the father of CW2 by name Suresh and his brother Pandu have purchased Tour Dal worth more than ₹2 Crores, but defaulted payment of the said amount. As a result, there was bad blood between them. In fact, accused No.1 filed a complaint against the father of CW-2 Jagdish and in that connection, he was in the jail for nearly one month.

¶67

It is alleged that despite the same when he failed to repay the amount due, accused No.1 planned to abduct CW-2 Jagadish to force his father and uncle to repay the amount due. While accused Nos.2 to 7 forcefully abducted CW-2 Jagadish in the Innova and were proceeding towards Kalaburagi, accused No.1 followed them in Fortuner. Near Tumakuru Toll, they transferred CW-2 Jagadish into the Fortuner wherein accused No.1 confronted him and gave threat that till his father and uncle pay the amount due to him, he would not be allowed to go. However, when they were near Sira town, CW-2

¶68

9 -

¶69

NC: 2025:KHC:21399 CRL.P No. 8827 of 2023

¶70

HC-KAR

¶71

Jagadish pleaded that he need to answer nature’s call and when two of the accused brought him out of the car to enable him to answer nature's call, he managed to run away. Though the accused person tried to catch him, they were not successful. CW-2 Jagdish managed to reach Bengaluru by boarding KSRTC buses travelling towards Bengaluru.

¶72

It is pertinent to note that immediately after the abduction of CW-2 Jagadish, his friends who were proceeding with him on other two wheelers saw the incident. In fact, one of his friend lodged complaint specifying the registration number of the Innova in which he was kidnapped. Based on the said complaint, case was registered and the concerned police managed to apprehend accused No.1 and others. CW-2 was also subjected to medical examination. After conducting detailed investigation, charge sheet is filed. It makes a strong prima facie case against the accused persons, including the petitioner. In the light of the same, this is not a case for

¶73