w w w . L a w y e r S e r v i c e s . i n



Khandya Praveen @ Praveen v/s State of Karnataka, Represented by State Public Prosecutor


Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    Criminal Petition No. 6790 of 2018

    Decided On, 22 October 2018

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE B.A. PATIL

    For the Petitioner: Pramila Nesargi, Senior Counsel, D. Hemanthkumar, Advocate. For the Respondent: K.P. Yoganna, HCGP.



Judgment Text

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.132/2016 (S.C.No.34/2018) of Basavanahalli Police Station, Chikkamagaluru District for the offences punishable under Sections 364A, 395, 386, 342, 324, 506, 120B r/w Section 149 of Indian Penal Code.)

1. The present petition has been filed by accused No.4 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.132/2016 of Basavanahalli Police Station, Chickmagalur for the offences punishable under Section 364A, 395, 386, 342, 324, 506, 120B r/w. Section 149 of IPC (SC.No.34/2018 on the file of the Principal District and Sessions Judge, Chickmagalur).

2. The gist of the complaint is that on 28.6.2016 at about 2.00 a.m., the complainant was about to open the gate of his house to park his vehicle. At that time, one Abhijith and six others came in a black Scorpio vehicle bearing Regn.No.KA-20/N-3659 and surrounded and thereafter kidnapped him in their car and he was also threatened not to shout and if he shouts, they will kill him. It is further alleged that the persons who were there in the car were holding deadly weapons and they also forcibly took his car key and out of them two persons took away the car and they also switched off his mobile and thereafter started proceeding to Bengaluru and thereafter took him to a go-down at Bengaluru and tied him and wrongfully confined. It is further alleged that subsequently, one Naveen Shetty assaulted on the head and face of the complainant and threatened him that he should pay Rs.25 lakhs to a person whom they are going to name and if he is not going to pay, they will take away his life. When the complainant questioned him as to why he should pay so much of money, then Naveen Shetty told that he has cheated Rs.20 lakhs to Nataraj Kalmane Chit Fund in a cricket betting and as such he has to pay the said amount. It is further alleged that thereafter they shifted the complainant to another place, where accused No.4-petitioner along with Naveen Shetty came and they demanded Rs.10 lakhs. They also gave a mobile handset and he telephoned to one Shiva to arrange for Rs.10 lakhs. But the said Shiva told that he has got only Rs.2,00,000/- and the complainant told about his kidnap and requested him to arrange for money and the said Shiva agreed to arrange Rs.10 lakhs with his friends and thereafter he telephoned to Shiva and told him to pay the same to one Pavan. He further told that the said Naveen Shetty has to be paid the said amount. He also gave a mobile number 9480805120, but the said mobile number belongs to Dy.S.P. and he told to bring the said amount near the Police Quarters where he handed over Rs.10 lakhs at about 10.15 p.m. On the basis of the complaint, a case was registered.

3. I have heard the learned Senior Counsel Smt.Pramila Nesargi and the learned HCGP for the respondent-State.

4. It is the contention of the learned Senior Counsel that the petitioner is innocent and has not committed any offence. He was not present at the time when the complainant was said to be kidnapped. She further submitted that the provisions of Section 364A of IPC are not attracted. She further submitted that earlier this Court has granted anticipatory bail in Criminal Petition No.8575/2016 disposed of on 16.12.2016. Against the said order the State preferred an appeal in Criminal Appeal No.875/2018 arising out of SLP. (Crl).No.5442/2017, wherein the Hon'ble Supreme Court by allowing the appeal cancelled the anticipatory bail. Only because the anticipatory bail has been cancelled by the Hon'ble Apex Court, the learned District Judge without considering the case on merits has rejected the bail. She further submitted that the alleged offences are not punishable with death or imprisonment for life and as already accused Nos.1 and 2 have been released on bail, even on the ground of parity, the petitioner herein is entitled to be released on bail. She further submitted that the petitioner belongs to Bajarang Dal and as such he has been falsely implicated in this case. He is a permanent resident of Khandya Village and he has got movable and immovable properties. The petitioner is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, she prayed to allow the petition and to release the petitioner on bail.

5. Per contra, the learned HCGP vehemently argued and submitted that the bail granted by this Court has been cancelled by the Hon'ble Apex court. There are so many cases filed as against the petitioner-accused No.4 and he is a goonda element. If he is released on bail, he may create lawlessness in the society. He further submitted that the charge sheet material clearly goes to show that it is the petitioner-accused No.4 who is the main accused and at his instance the complainant was kidnapped and the amount has been paid to Dy.S.P. who has also collected the said amount. There is a prima facie material as against the petitioner. On these grounds, he prayed to dismiss the petition.

6. I have carefully and cautiously gone through the submissions made by the learned Senior counsel and the learned HCGP and perused the charge sheet material made available in this behalf.

7. It is not in dispute that the petitioner filed anticipatory bail application in Criminal Petition No.8575/2016 and this Court by allowing the petition granted anticipatory bail to the petitioner and the same has been challenged by the State before the Hon'ble Apex Court in Criminal Appeal No.875/2018 arising out of SLP.(Crl).No.5442/2017 and the said appeal was allowed on 16.7.2018, wherein it has been observed as under:-

"Having heard the learned counsel for the parties and on perusal of the record and having regard to the nature of offences and all other relevant facts appearing on the record of the case, we are of the considered opinion that the High Court should not have granted anticipatory bail to the respondent herein in connection with offence in question.

The appeal succeeds and is hereby allowed.

The impugned order is, accordingly, set aside."

8. It is the contention of the learned Senior Counsel that the Court below rejected the bail application only on the ground that anticipatory bail granted by this Court has been cancelled by allowing the SLP by holding that this Court should not have granted the anticipatory bail to the petitioner. The view taken by the learned District Judge is not correct. I have carefully and cautiously considered the said aspect and on going through the orders passed by this Court and the Hon'ble Apex Court, it makes clear that after considering the material the Hon'ble Apex Court has opined that this Court should not have granted anticipatory bail to the petitioner for the alleged offences. Merely because the said observations, it cannot be held that the application under Section 439 of Cr.P.C. is not maintainable. But while considering the bail application under Section 439 of Cr.P.C. the Court has to consider the other material and overt acts of the accused and thereafter pass the order. It is also well established principle of law that while considering the bail application, the Court has to keep in mind the nature of accusation, nature of evidence in support thereof, severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, possibility of securing the presence of the accused at the trial, reasonable apprehension of witnesses being tampered with, the larger interest of the public or State and similar other consideration. Keeping in view the abovesaid proposition of law, if the entire charge sheet material is perused, wherein it has been clearly stated that it is the petitioner who got assembled the remaining accused persons and they had a common intention and discussed the matter and thereafter he has also provided the photographs of the complainant and showed the house to the remaining accused persons and it is accused Nos.1 and 4 who collected the information regarding the movements of the complainant and went on informing the other accused persons and as per their instructions, the remaining accused persons kidnapped the complainant and it is accused No.4 who gave the pills to make it consumed by the comp

Please Login To View The Full Judgment!

lainant and thereafter kidnapped. All these materials clearly and prima facie show the involvement of the petitioner-accused No.4 in a serious offence of kidnapping the complainant for a ransom. Though it is the contention of the learned Senior Counsel that accused Nos.1 and 2 have been released on bail and as such the petitioner is also entitled to be released on bail, on the ground of parity, the charge sheet material indicates that the overt acts and other things attributed against the petitioner-accused No.4 is more serious and they will not stand on par with accused Nos.1 and 2 who have already been released on bail. In that light, the said submission is not acceptable. Taking into consideration the peculiar facts and circumstances of this case, I am of the considered opinion that the petitioner has not made out any grounds to release him on bail. Hence, the petition being devoid of merits, stands dismissed.
O R







Judgements of Similar Parties

24-07-2020 A. Praveen Kumar Versus The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Egmore & Others High Court of Judicature at Madras
15-06-2020 State of Telangana Versus Polepaka Praveen @ Pawan Supreme Court of India
28-04-2020 Praveen Kumar @ Prashant Versus State of GNCT of Delhi & Others High Court of Delhi
28-04-2020 Praveen Kumar @ Prashant Versus State & Others High Court of Delhi
18-03-2020 Praveen Kumar Versus M/s. RPS Infrastructure Limited, New Delhi National Consumer Disputes Redressal Commission NCDRC
04-03-2020 R. Praveen Versus The Member Secretary, Chennai Metropolitan Development Authority, Chennai High Court of Judicature at Madras
29-02-2020 Praveen Kumar Khariwal Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Indore
12-02-2020 Praveen Kumar Sharma Versus State of U.P. through its Principal Secretary (Home), Secretariat, Lucknow, U.P. & Others High Court of Judicature at Allahabad
11-02-2020 Praveen Kumar Chaudhary & Others Versus Election Commission of India & Others High Court of Delhi
04-02-2020 Praveen, Proprietor Versus Sumesh, KaleeckalVeedu, KrishnapuramMuri, Krishnapuram & Another Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
30-01-2020 Praveen & Another Versus Baby Ulhahnan & Another In the High Court of Bombay at Nagpur
27-01-2020 Pankaj Kumar Versus Praveen Jain High Court of Rajasthan Jaipur Bench
17-01-2020 P.V. Philip Versus Praveen & Another High Court of Kerala
08-01-2020 Praveen Versus State of Karnataka High Court of Karnataka
10-12-2019 Shalimar Iron and Steel Private Limited, Ramgarh Cantt. through its Director Rafat Praveen Versus The State of Jharkhand & Others High Court of Jharkhand
17-10-2019 Praveen Kumar Prakash & Others Versus The State of Jharkhand & Others Supreme Court of India
11-10-2019 R. Jaikrishnan @ Jaikrishnan Nair Versus G. Praveen Kumar High Court of Kerala
10-07-2019 Kishore Kumar Khaitan & Another Versus Praveen Kumar Singh High Court of Judicature at Calcutta
14-06-2019 Y.A. Praveen & Another Versus Headmaster, Government Higher Secondary School, Neervaram, Wayanad High Court of Kerala
21-05-2019 Joginder Singh Chauhan & Another Versus Praveen Dulta Chauhan & Others High Court of Himachal Pradesh
01-05-2019 Praveen Singh Ramakant Bhadauriya Versus Neelam Praveen Singh Bhadauriya Supreme Court of India
16-04-2019 Living Media India Limited & Another Versus Vijayan Madhavan Praveen & Another High Court of Delhi
16-04-2019 Praveen Gupta Versus State & Another High Court of Delhi
08-04-2019 Praveen Chand Shrivastava Versus State of Chhattisgarh, Through the Secretary, Department of Law & Legislature, Mahanadi Bhawan, Atal Nagar, District Raipur (C.G.) & Others High Court of Chhattisgarh
03-04-2019 Praveen Kapila Versus Navin Soi & Another High Court of Delhi
01-04-2019 Praveen Kumar Kommineni Versus The State High Court of Delhi
22-02-2019 Praveen Versus The Regional Transport Officer, Palakkad & Others High Court of Kerala
04-02-2019 B. Praveen Kumar Versus The Commissioner of Customs, Custom House, Tuticorin & Another Before the Madurai Bench of Madras High Court
31-01-2019 Maithili Manhar Siswawala Versus Praveen Kenneth Samuel James High Court of Judicature at Bombay
11-01-2019 Praveen Kumar Arora Versus Akshay High Court of Delhi
08-01-2019 Praveen Kakar & Others Versus Ministry of Environment & Forests & Others National Green Tribunal Principal Bench New Delhi
14-12-2018 The Director of Insurance Medical Services, Thycaud, Thiruvananthapuram & Others Versus Dr. V. Praveen High Court of Kerala
22-11-2018 Praveen Kumar Jain Versus Jagdish Prasad Gupta & Others High Court of Judicature at Allahabad
15-11-2018 Ch. Praveen Kumar Versus The State of Telangana, rep. by its Principal Secretary, General Administration Department & Others High Court of Andhra Pradesh
08-11-2018 Kushal Praveen Kumar Jain Versus Ito Non Corporate Ward 5(1) Income Tax Appellate Tribunal Chennai
06-11-2018 Sangwan Heights Pvt. Ltd. Versus Praveen Chandra Trivedi & Another National Consumer Disputes Redressal Commission NCDRC
22-10-2018 Praveen Poddar Versus Securities & Exchange Board of India, SEBI Bhavan SEBI Securities Exchange Board of India Securities Appellate Tribunal
27-09-2018 Meghna Gopal Versus Praveen Chandran High Court of Kerala
21-08-2018 Praveen Arjun Patel Versus J.K. Lakshmi Cement Ltd National Company Law Appellate Tribunal
13-08-2018 Manjunath Dasappa & Others Versus Trans Global Power Ltd., Represented by its Authorised Signatory T.K. Praveen High Court of Karnataka
08-08-2018 Praveen Agarwal, Agra Versus Dcit Central Circle, Agra Income Tax Appellate Tribunal Agra
07-08-2018 Praveen Singh @ Bhaya Singh Versus State High Court of Rajasthan Jodhpur Bench
02-08-2018 M/s. Sri Lakshmi Saraswathi Spintex Ltd., Represented by its Managing Director C.S. Aditya Praveen Versus Director General of Foreign Trade, Policy Relaxation Committee, New Delhi & Others High Court of Judicature at Madras
31-07-2018 Praveen Pandey Versus The State of Madhya Pradesh & Others High Court of Madhya Pradesh
27-07-2018 P. Rithika, Minor, rep. by her father and guardian P. Praveen Versus Union of India, rep. by its Secretary, Ministry of Human Resource and Development, School Education Department, New Delhi & Others High Court of Judicature at Madras
13-07-2018 Praveen John Versus State & Another High Court of Delhi
04-07-2018 Asma Praveen Versus Badru Nisa & Others High Court of Delhi
25-05-2018 Dr. A.P.S. Guru Praveen Versus Directorate of Medical Education Government of Tamilnadu Kilpauk, Chennai & Others High Court of Judicature at Madras
09-05-2018 Praveen Engineering Works V/S Commissioner of Central Excise, Customs & Service Tax, Visakhapatnam - I Customs Excise Service Tax Appellate Tribunal Regional Bench, Hyderabad
24-04-2018 Praveen George Joseph & Another Versus Ramesh Joseph High Court of Judicature at Madras
10-04-2018 Praveen Pandey Versus The State of Madhya Pradesh & Others High Court of Madhya Pradesh
15-03-2018 Praveen Versus Hanuman In the High Court of Bombay at Nagpur
09-03-2018 Praveen Versus The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai & Others Before the Madurai Bench of Madras High Court
07-03-2018 Praveen Versus Deepa High Court of Karnataka Circuit Bench OF Kalaburagi
19-02-2018 L.M.D. Athiya Praveen Versus N.B. Riyas Ahmed & Others High Court of Judicature at Madras
16-02-2018 Praveen Maben Versus Nalini Maben High Court of Madhya Pradesh
18-01-2018 Kendriya Vidyalaya Sangathan Versus Praveen Kumar High Court of Delhi
11-01-2018 K. Praveen Versus B.S. Nagaraj High Court of Karnataka
03-01-2018 C. Praveen Versus V. Prakash & Others High Court of Karnataka Circuit Bench At Dharwad
03-01-2018 Sajeeda Praveen Shaik Versus The Andhra Pradesh Public Service Commission, rep. by its Secretary & Others In the High Court of Judicature at Hyderabad
29-12-2017 Praveen s/o Krishnan Versus Public Prosecutor Supreme Court of Singapore
05-12-2017 Praveen Kumar & Another Versus The Commissioner of Income Tax (Appeals)-13, Chennai & Another High Court of Judicature at Madras
30-11-2017 Kumar @ Praveen Kumar & Others Versus State by Inspector of Police (Law & Order) & Another High Court of Judicature at Madras
27-11-2017 Roopesh @ Praveen Versus Union of India, Represented by Special Public Prosecutor, National Investigation Agency, [NIA] High Court of Kerala
24-11-2017 Dr. S. Praveen Kumar Versus The Senior Manager, Credit Card Division, ICICI Bank, Hyderabad Telangana State Consumer Disputes Redressal Commission Hyderabad
21-11-2017 Praveen @ Parveen Kumar Jain & Another Versus Earth Infrastructures Ltd., (Through its MD) & Another National Consumer Disputes Redressal Commission NCDRC
16-11-2017 Kalva Praveen Kumar Versus N. Surendra Kalyan Telangana State Consumer Disputes Redressal Commission Hyderabad
06-11-2017 Praveen Kumar Maakar Versus Union of India & Another High Court of Delhi
17-10-2017 Praveen Singh @ Pappu Singh Versus The State of Bihar High Court of Judicature at Patna
11-10-2017 Kalva Praveen Kumar Versus M. Andalamma & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
11-10-2017 Nipun Praveen Singhvi Versus Union of India High Court of Gujarat At Ahmedabad
03-10-2017 Praveen R. Prasad & Another Versus The Divisional Manager, United India Insurance Co. Ltd. & Others National Consumer Disputes Redressal Commission NCDRC
26-09-2017 Praveen Versus The State of Maharashtra In the High Court of Bombay at Nagpur
22-09-2017 A. Praveen @ Praveen Kumar & Others Versus The State through The Inspector of Police, Woraiyur Police Station, Trichy & Others Before the Madurai Bench of Madras High Court
08-09-2017 Rupesh Sharma Versus Praveen Kumar High Court of Himachal Pradesh
31-08-2017 Praveen Kumar Pandey @ Babua Versus State of U.P. High Court Of Judicature At Allahabad Lucknow Bench
28-08-2017 B. Asaithambi & Another Versus Praveen Chordia & Another High Court of Judicature at Madras
17-08-2017 Munja Praveen & Others Versus State of Telangana & Others Supreme Court of India
16-08-2017 M/s. Sri Lakshmi Saraswathi Spintex Ltd., Represented by its Managing Director, C.S. Aditya Praveen Versus Director General of Foreign Trade, Policy Relaxation Committee, New Delhi & Others High Court of Judicature at Madras
07-08-2017 R. Praveen Kumar & Others Versus The Inspector of Police, Trichy District & Another Before the Madurai Bench of Madras High Court
16-06-2017 P. Delsia Versus P. Praveen Rajasekaran High Court of Judicature at Madras
16-06-2017 P. Delsia Versus P. Praveen Rajasekaran High Court of Judicature at Madras
16-06-2017 Praveen @ Bablu Versus State High Court of Delhi
16-06-2017 Vanjari Praveen Kumar Versus Vanjari Lakshmi Bhavani In the High Court of Judicature at Hyderabad
05-05-2017 Praveen Kumar Jain, Worked At Cotton Corporation of India Ltd. Versus The Cotton Corporation of India Ltd., Represented by Its Managing Director High Court of Rajasthan Jodhpur Bench
28-04-2017 Sri Sai Venkateswara Builders, Rep. by Managing Partner Versus T. Praveen & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
04-04-2017 Praveen Kumar & Others Versus Sharath Chida & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
04-04-2017 Praveen Kumar Singh & Another Versus Medinimata Agro Products (P) Ltd. & Others National Company Law Tribunal, Kolkata
31-03-2017 Praveen Etta Versus Savithri Etta High Court of Karnataka Circuit Bench At Dharwad
22-03-2017 Praveen Versus Sabitha & Another High Court of Kerala
03-03-2017 S.G. Praveen Gowda Versus State of Karnataka, Represented by its Principal Secretary & Others High Court of Karnataka
23-02-2017 H.D. Praveen Kumar & Others Versus Vice Chancellor, Visvesvaraya Technological University, Belagavi & Others High Court of Karnataka
16-02-2017 Smt. Kala Devi Versus Praveen Surana & Another High Court of Rajasthan Jodhpur Bench
08-02-2017 Gunjan Versus Praveen Surendra Pal Singh High Court of Judicature at Allahabad
07-02-2017 Rfn Praveen Kumar Versus Union of India & Others Armed Forces Tribunal Principal Bench New Delhi
31-01-2017 Oriental Insurance Co. Ltd. Versus Praveen High Court of Judicature at Allahabad
25-01-2017 PR. Commissioner of Income tax-XVIII Versus Praveen Saxena High Court of Delhi
10-01-2017 Praveen Kumar Versus The State of Rajasthan through P.P. High Court of Rajasthan Jodhpur Bench
15-12-2016 Korra Praveen Versus The State of Telangana, Rep. by its Public Prosecutor In the High Court of Judicature at Hyderabad
22-11-2016 Reena Kumari & Others Versus Praveen Kumar & Others Supreme Court of India