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IN THE HIGH COURT OF KARNATAKA
B.A. PATIL, J.
Harminder Singh @ Shelly - Appellant
Versus
State By Ramanagara Rural Police Station Represented By State Public Prosecutor, Bangalore - Respondent
Criminal Petition No. 8618, 7164 of 2018, 726 of 2019
Decided On : 10-04-2019
Human Trafficking - Bail - Section 439 of Cr.P.C. - IPC 120B, 364A, 365, 368, 342, 323, 324, 370, 384, 385, 386, 387, 302, 201 r/w. Section 34 -
Fact of the Case:
The accused were involved in a human trafficking case where they sent individuals to Canada under false pretenses, confined them, and extorted money from them. The case involved serious offenses including assault and murder.
Finding of the Court:
The court found that the accused were part of a syndicate involved in human trafficking and had committed serious offenses punishable with death or imprisonment for life. The court concluded that the accused were not fit for bail as they may abscond and engage in similar criminal activities.
Issues: The main issue was whether the accused should be granted bail considering the gravity of the offenses, the likelihood of the accused absconding, and the impact on society.
Ratio Decidendi: The court considered the gravity of the offense, the likelihood of the accused repeating similar offenses, and the impact on society. It also emphasized the need to prevent harassment, humiliation, and unjustified detention of the accused.
Final Decision: The court dismissed the bail petitions, stating that the accused had not made out any case for release on bail.
B.A. Patil, J.
Criminal Petition No.8618/2018 is filed by accused No.1; Criminal Petition No.7164/2018 is filed by accused No.3; and Criminal Petition No.726/2019 is filed by accused No.2 under Section 439 of Cr.P.C. to enlarge them on bail in SC.No.79/2018 on the file of III Additional District and Sessions Judge, Ramanagar (CC.No.25/2018 on the file of Principal Civil Judge, Senior Division and JMFC., Ramanagar) arising out of Crime No.510/2017 of Ramanagara Police Station for the offences punishable under Sections 120B, 364A, 365, 368, 342, 323, 324, 370, 384, 385, 386, 387, 302, 201 r/w. Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioners-accused and the learned HCGP for the respondent-State.
3. The gist of the complaint is that on 6.12.2017 at about 5.30 p.m., complainant noticed a group of people gathered by the side of his village road and out of curiosity he went there and noticed a dead body thrown into bush. He realized that some miscreants have committed the murder. He went to the Police Station and filed the complaint. During the course of investigation, it revealed that the said dead body was that of one Surinderpal Singh of Punjab. The relatives of the deceased identified the dead body based on his photographs. It is the case of the prosecution that accused No.1 being a travel agent at Punjab used to pretend that he sends the persons to Canada by taking his commission. It is further revealed that on 4.12.2017 at about 9.30 p.m., CW.14 and the deceased were sent by accused No.1. They took the flight from Mumbai to Bengaluru and after arrival, accused No.6 took them in a taxi to an unknown place and thereafter confined them in a house. It is further case of the prosecution that on 5.12.2017 at about 3.00 a.m., accused Nos.8 to 11 assaulted CW.14. Accused Nos.2 and 3 also assaulted the deceased and other inmates with hockey stick and threatened them to make a call to their relatives to give Rs.20 Lakhs to accused No.1 by stating that CW.16 got boarding pass to go to Canada. It is further case of the prosecution that on 6.12.2017 at about 3.00 a.m., again they insisted CW.14 to make a phone call to his relatives that he has reached Canada and after taking the amount of Rs.20 lakhs from CWs.14 and 16, they sent back them to their village on 9.12.2017. It is further case of the prosecution that on 5.12.2017, accused Nos.8 to 11 threatened the deceased to make a phone call to his relatives stating that he got a flight to Canada and to give Rs.20 Lakhs. When the deceased refused to make a call, accused Nos.2, 3, and 8 to 11 and the driver assaulted on his face and other parts of the body and threatened him that they would take away his life and at about 3.00 or 3.30 a.m., accused Nos.8 and 10 assaulted the deceased with iron rod and hockey stick on the face, head and other parts of the body. At that time, accused Nos.2, 3, 9, 11 and other accused persons were holding the deceased and they have also assaulted him and told that they would take away his life if he informs their said acts to the police. Under the impression that if he is released, he may inform the police, they took away the life of the deceased and on 5.12.2017 at about 9.00 p.m., the car driver took the body of the deceased and thrown out into the bush. During the course of investigation, accused persons have been apprehended and after completion of investigation, the charge sheet has been filed.
4. It is the submission of the learned counsel appearing for accused No.1-petitioner in Criminal Petition No.8618/2018 that earlier the case was registered against unknown persons. Subsequently, accused No.1 was apprehended and his voluntary statement was recorded on 2.3.2018. The only allegation which has been made as against accused No.1 is that he has conspired with other accused persons and only on assurance of getting commission, he sent the deceased and other persons. He was not the member of the syndicate. Even there i
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