Karnataka HC Refuses To Quash Kidnapping Case Against Private Secretary Of CM

OVERVIEW

N R Santosh, personal secretary to the Chief Minister BS Yediyurappa, filed a plea in the Karnataka High Court. The plea seeks to quash criminal proceedings him, in a case of attempting to kidnap KS Eshwarappa, Panchayat Raj Minister. The plea was dismissed by the Court.

A single bench of Justice HP Sandesh stated that powers under Section 482 of CrPC cannot be exercised for this case as candour of witnesses’ statement has to be established.

WHAT ARE THE DETAILS OF CASE?

Vinay (the complainant), has alleged that the accused along with nine other persons tried to kidnap him so that a CD, a pen drive and other materials can be obtained from him.

He also claimed that 5-6 people tried to hit him and push him inside the car. When this could not be done easily, the offenders pushed him forcefully and he fell on the road. When the complainant started shouting the offenders ran away.

In the charge sheet filed by the police, the petitioner has been charged with offences punishable under Sections 143, 147, 323, 324, 365, 511, 331, 120B read with Section 149 of IPC.

The petitioner’s advocate claimed that the trial court had issued the summons without application of mind.

DECISION OF BENCH

The case of Gulam Sarbar vs. State of Bihar was referred by the single judge bench to dismiss the petition and add that circumstantial evidence has to be collected. In this, the SC observed that the offence of criminal conspiracy has to be proved by providing circumstantial evidence, as obtaining direct evidence is difficult.

The Bench also suggested that the learned Magistrate had applied his mind in issuing the summons.

The details of call records between Santosh and one of the other accused were noted by the HC as they highlighted that communication was exchanged between them a few days before kidnap was attempted.

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