ORAL ORDER

(PER: HON'BLE MRS JUSTICE M G UMA)

The petitioner-accused No.4 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.15/2024 of Shivalli Police Station, pending in CC.No.351/2024 on the file of the learned II JMFC, Mandya, registered for the offences punishable under Sections 120B, 341, 504, 506, 323, 363, 364(A), 368, 342, 384, 385, 389, 511, 201 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Anitha.

2. Heard Sri.Lakshmikanth.K., learned counsel for the petitioner and Sri. Rahul Rai K, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

My answer to the above point is in ‘negative' for the following:

R E A S O N S

4. Petitioner being accused No.4 is seeking grant of bail. He was apprehended on 08.04.2024 and since then he is in judicial custody.

5. The wife of the victim lodged the first information regarding kidnapping of her husband and demanding for ransom by unknown person. FIR came to be registered and the investigation was undertaken. During investigation, the victim was rescued and the accused were apprehended. Now the investigation is completed and the charge sheet is filed against accused Nos.1 to 7.

6. It is the contention of the prosecution that accused Nos.1 to 7 forming themselves into an unlawful assembly, criminally conspired to rob the jewelry, which CW2 used to wear. As a part of their conspiracy, they arranged a Maruti Swift Car with fake registration number and a Deo scooter. On 22.02.2024, accused Nos.1 to 5 went in the Maruthi Car with mask and covering their face and head with clothes and accused No.6 went in Deo scooter. She called CW2, inviting and persuading him to a particular place. Believing the words of accused No.6, CW2 went to the spot on his scooter. But on suspecting about the conduct of accused No.6, CW2 went away with the scooter, but accused Nos.1 to 5 followed him and waylaid the scooter, assaulted CW2 with hands and accused No.1 ridden the scooter belonging to CW2, while accused Nos.2 to 5 abducted CW2 and demanded ransom of Rs.40 lakhs. They have also robbed 10 gms of gold jewelry and cash of Rs.15,000/-. They made CW2 to call various persons demanding for ransom amount. The accused have discarded the mask and the clothes used for covering their face and compelled CW2 to transfer the amount of Rs.90,000/- through phone pay to the mobile handset of accused No.7. The said amount is said to have been used by accused Nos.2, 4, 5 and

7. Later, the victim was released on 24.02.2024.

7. Learned counsel for the petitioner contended that accused Nos.2, 3 and 6 against whom similar allegations are made, are already enlarged on bail. The order passed granting bail to accused No.2 is produced for perusal of the Court.

8. The learned Sessions Judge has allowed the petition filed by accused No.2, only by observing that the allegations against the accused is to be proved after full-fledged trial and keeping the petitioner in custody indefinitely would amount to pre-trial punishment. But in the present case, while filing the charge sheet, the investigating officer specifically stated that the test identification parade of accused by CW2 is pending as the Tahasildar concerned is already requested for the same.

9. Learned High Court Government Pleader for the respondent-State submits that the Tahasildar has already issued notice to CW2 and fixed the date for test identification parade. Moreover, it is stated that the petitioner is having criminal antecedents, as five different cases including the offence punishable under Section 302 of IPC is pending against the petitioner at various police stations, such as Mandya East Police Station, Mandya Rural Police