The court emphasized the need to carefully evaluate the role of the accused, balance the interests of investigation and prevention of harassment, and consider the impact of granting bail in cases affecting a large number of people.

B.A. Patil, J.

The present petition is filed by accused No.6 under Section 439 of Cr.P.C. to enlarge him on bail in 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 Sri H.C.Shivaramu, learned counsel appearing for the petitioner-accused No.6 and Sri H.S.Chandramouli, learned SPP, assisted by Smt.Namitha Mahesh B.G., 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.

4. It is further revealed that as per the instructions of accused No.6, on 30.11.2017 accused No.1 told CW.15-Manpreeth Singh that he will be sent to Canada and sent him from Punjab to Mumbai. At Mumbai, accused No.13 received CW.15 and introduced himself as Dilip Tiwari and he took him in an autorickshaw to a hotel Domino's Center, where accused No.6 introduced himself as Naresh Patel and told CW.15 that he will be sent to Canada and he will be given visa. He took Rs.2,00,000/- i.e., 3000 US dollors and sent CW.15 in the name of Sant Kripal Das to Bengaluru in Indigo Airlines. He also informed CW.15 that all arrangements have been made to travel from Bengaluru to Canada. It is further stated that accused Nos.15 and 16 helped to create the documents by using photo of CW.15 and fake address and instructed him that he has to travel in the said name as it is going to help him. Accused No.13 took CW.15 in an autorickshaw and accused No.6 went in a car bearing Regn.No.MH-02-DW-5624, by following the said autorickshaw. Accused No.6 also informed accused No.10 about the arrival of CW.15 and he instructed accused No.10 to take him to a room and confine and ill-treat and threaten him with dire consequences to extract the money to the extent of Rs.20 lakhs and the same has to be given to accused No.1. It is further stated that when CW.15 reached Airport in midnight on 1.12.2017, accused No.8 who is known to accused No.6 and accused No.10 met CW.15 and they told that the flight going to Canada will be in the midnight and he can take rest and they will provide relevant documents to travel and took him in a Toyota Etios Car bearing Regn.No.KA-03- AD3716 to the house which was taken on rent in the name of accused No.10 at Agrahara Layout, Kogilu, where CW.15 has been confined in a room and accused No.8 by showing pistol threatened him that he has to hear their say and make a call to his father. Accused No.10 has also assaulted with hockey stick on his back and other parts of the body; accused Nos.9 and 14 caught hold of CW.15 so that he should not move and make hue and cry. They also assaulted him with hands and threatened him with life. Because of fear and threat, CW.15 told that he will hear what they say. On the same day, i.e., on 1.12.2017 at about 3.00 a.m., accused No.8 made a call to the father of CW.15 and told that CW.15 has boarded the flight going to Frankfort and he will call back after reaching Canada. It is further stated that on 2.12.2017 at about 3.00 a.m., accused persons made CW.15 to call CW.17, the father of CW.15 falsely telling that he reached Canada and as per the instructions of accused Nos.6 and 11, accused Nos.8, 9