CRL.P/6965/2014 of NISAR @ NISAR AHMED Vs STATE OF KARNATAKA on 30 December 2014

ORDER

the |

This1S|thepetitionfiled by

petitioner — accused No.8 under Section 439 of Cr.P.C..seeking his release on bail in respect of crimeNo.192/2013 registered by respondent police andcharge sheeted for the offences punishable undersections 143, 147, 148, 120(B), 341, 323, 326, 354,394(B), SO4(A), 3384, 376(D), 395, 342, 307, 506, 201r/w.sSection 149 of IPC and Section 66(E) of theInformation Technology Act by the respondent -police.

2. The allegation is that on the night of18-12-2013, CW’s-1 & 2 were proceeding in a car nearAyyappaTempleoT|Deralakatte Belma|village,Mangalore City, accused Nos.3 and 4 way laid the carand informed the matter to accused No.2 over phone onthat accused Nos.1, 2, 5, 6, 7 and 8 assembled, formed unlawful assembly, and threatened CW’s1 & 2 and tookthem to a house at Thoke village, Kasargodu Taluk andassaulted both of them. They were coersed to indulge insexual intercourse. This sexual act was videographed inthe mobile of accused No.2 1.e., in his Samsung Note-3 ©and Apple I-Phone. Thereaiter, they demanded for aransom oft Rs.5 lakhs and also threatened that if thesaid amount is not paid, they will upload thevideographs to the internet and send the same to thecollege. Again they tied the eyes of CWs-1 & 2 withKerchief and took them to a bushy place near BantwalaTaluk. They again assaulted both of them and tried tofinish them off. Thereafter, they released CW-1 under acondition that she should get Rs.3 lakhs within 12.00noon, otherwise they will finish off CW-2. CW-1 calledthem back and told that the money is ready. Onhearing the same, accused Nos.1, 2, 3, 6 and 7 went tocollect the money. While approaching to receive theamount, they disappeared on smelting the presence of the police. This matter was informed by accused No.2.to accused Nos.4, 5 & 8. On getting the information,they started to assault CW-2 with a wooden pieces andcaused fracture to his hand. They also tried to murderhim by dropping a stone on him. However, CW-2escaped from the clutches of these accused.

3. Sri.Hashmath Pasha, learned counsel for thepetitioner submits that initially the allegation wasagainst accused Nos.1l, 2 & 3. However, the policeduring the course of investigation arrested this accusedalong with seven others only on surmise expressed inthe furtherstatement.oT CW-1..Duringthe.identification parade, this petitioner was not identifiedand also in the statements given by CWs-1 & 2, therewas no mention about the involvement of this petitionerin the alleged offences. CW-1 did not submit herself formedical examination. Thereby, there is no proof for theoffence of 376 of IPC. No incriminating material is recovered from the possession of this petitioner. Thispetitioner is in custody for the last one year. He was.aged about 19 years as on the date of his arrest. Inview of his arrest, his education is hindra and careerwill be affected if he is continued in the custody. Hence,prays for release of this petitioner.

4. sri.Nageshwarappa, learned High CourtGovernment Pleader opposes the bail petition of thispetitioner. He submits that the very presence of thispetitioner near the place of occurrence establishes thefact that all the accused persons intentionally indulgedin the alleged offences which is proved, attract majorpunishment of death or imprisonment for life. In thatview of the matter, petitioner is not entitled for bail. ©

Oo. Without expressing any opinion about themerits of the case and having regard to the fact of thispetitioner is a young person and investigation is

complete and hold that there is no impediment toenlarge this petitioner on bail. —

6. |Accordingly,petition1S.

allowed.

The petitioner — accused No.8 is ordered to be releasedon bail for the offences punishable under Sections 143,147, 148, 120(B), 341, 323, 326, 394, 354(B), 3604(A),384, 376(d), 395, 342, 307, 506, 201 r/w.Section 149 ofIPC and Section 66 of Information Technology Act by therespondent -police, subject to the following conditions:

(i) The petitioner shall execute aself bond for a sum of Rs.1,00,000/7-(Rupees One Lakh only) with two|solvent sureties for the likesum to the|satisfaction of the concerned Court and|also an undertaking from one _ Atparents about his good behaviour in the|future to the concerned Court.

(iu) He shall attend the Courtpunctually and regularly; &���

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