Bengaluru: The high court on Friday ordered a notice to former minister H D Revanna in connection with a petition filed by the Special Investigation Team (SIT) seeking cancellation of the bail granted to him in the abduction case registered against him.
The court ordered notices to the SIT and the complainant in a separate petition filed by Revanna, seeking to quash the proceedings.
The SIT contended that the interpretation of IPC section 364A by the special court judge is arbitrary, both on law and facts. Senior advocate and special public prosecutor Prof Ravivarma Kumar, appearing for the SIT, submitted that the special court has not considered the three aspects of the offence under IPC section 364A.
“Issue emergent notice since an arguable case is made out by pointing out a kind of interpretation on the provision of 364A of IPC as reflected in page 15 of the impugned order. Post immediately after service of notice,” Justice Krishna S Dixit said.
It was argued on behalf of Revanna that considering the language and circumstances enumerated in Section 364A, the same cannot be invoked in this case.
Senior advocate C V Nagesh, appearing for Revanna, submitted that section 364A was inserted by way of an amendment, following the hijacking of a plane about a quarter century ago, making the offence punishable with death or imprisonment for life, and shall also be liable to fine.
“Abduction simplicitor is not sufficient to invoke provisions of Section 364A IPC which pertains to kidnapping or abduction. The provision has two components, demand and abduction. Suppose abduction is completed, but putting that
person who is in the custody of an accused in fear of death should be communicated to others to attract the provision,” he said.
The special court for cases involving MPs/MLAs, while granting bail to Revanna who is accused number 1 in this case registered at KR Nagar police station, had noted that no case is made out to attract the rigours of IPC section 364A. The special court had said that at best section IPC (abduction by deceitful means) could have been invoked.