Chirag. R. Mehata @ CHIRU vs State Of Karnataka

K. N. Phaneendra, J

Heard Sri. Murthy D. Naik, learned counsel for the petitioner and Sri. Mahesh Shetty, learned High Court Government Pleader for the respondent-

State. Perused the records.

It is alleged that the petitioner (A1) has kidnapped the child of the complainant- Sri. Heeraram Patel on 28.01.2020 at about 3.00 p.m. and

thereafter the petitioner has telephoned to the complainant demanding a ransom of Rs.5,00,000/- with a threat that, if the complainant does not pay the

demand amount, he would kill the child.

The complainant has filed a complaint on 28.01.2020 at 16.20 hours before the respondent-Police Station complaining the alleged kidnap of his child

and the respondent-Police have registered a case in Crime No. 16/2020 and started investigation. The accused was nabbed by the police on

29.01.2020 and he was produced before the Jurisdictional Magistrate and he was remanded to judicial custody. The remand application discloses that,

on the date of incident itself, at about 5.10 p.m., the child was recovered. The remand application further discloses that, the accused was not in

possession of the child. But he had been to the hotel and when he came out from the hotel, he saw that the child was with the police and thereafter, he

attempted to ran away from the spot. But the police caught hold the petitioner and got him remanded to the custody. 4. As the accused was arrested

on 29.01.2020 and since then he has been in judicial custody. It appears the police have not yet filed the charge sheet. However, it appears the

investigation might have been completed, as two months have already been elapsed from the date of the arrest of the accused. Though the offence is

punishable with the sentence of death or imprisonment for life, looking to the above said circumstances, as no damage has been done to the child and

the child has already been recovered, and there is no previous bad antecedents alleged against the petitioner, in my opinion, the petitioner is entitled to

be enlarged on bail on some stringent conditions.

Hence, the following,-

ORDER

The Petition is allowed. Consequently, the petitioner (A1)- Chirag R.Mehata @ Chiru shall be released on bail in connection with Crime No.16/2020

of the respondent-Cottonpet Police Station, Bengaluru, for the offence punishable under Sections 364-A and 506 of IPC, now pending before the

Court of XXXI Additional Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not tamper the prosecution witnesses.

(iii) The petitioner shall appear before the Investigating Officer as and when required for further investigation, if any.

(iv) The petitioner shall not leave the jurisdiction of the trial Court ie., Bengaluru Urban or Rural District, without prior permission, till the case

registered against him is disposed of.