Rajeev Kumar Sharma vs State Of Karnataka

Umesh M Adiga, J

This petition is filed under Section 483 of BNSS, 2023 for grant of bail to accused No.7 who is petitioner herein, registered in Crime No.4/2025 by the Market Police Station, Bidar for the offences punishable under Sections 309(4), 309(6), 311, 103, 109, 199(a) and 3(5) of BNS, 2023 and Sections 25 and 27 of Arms Act, 1959.

Brief facts of the case are that:

On 16.01.2025, the Security Agency by name CMS company who were entrusted to take the currency notes from the State Bank of India, Main Branch Bidar, to install the cash in ATM Machines, took the tin box containing about Rs.83,00,000/- from the bank. On that day, the Security Guard of the Agency by name Arjun did not attend the duty. Therefore, the driver of the jeep took the services of deceased – Giri Venkatesh and Shiva to keep the box containing money in the jeep. While shifting the box from the bank to the Jeep two persons, who covered their face with a mask came on a motorcycle to that place and tried to snatch the box containing the cash. Both Giri Venkatesh and Shiva resisted the attempt of said two persons. Out of them riders of the motorcycle, threw chilly powder on the face of both Giri Venkatesh and Shiva and another person fired at Giri Venkatesh by a pistol around 4-5 rounds. As a result of which, Giri Venkatesh sustained injuries and collapsed. Both the riders of the Motor Cycle snatched the box containing the cash of Rs.83,00,000/- and fled away. Thereafter, elder brother of Giri Venkatesh got information and he lodged a complaint in Market Police Station, Bidar. On the basis of said report, the concerned police registered the case in Crime No.4/2025 on 16.01.2025.

During investigation, on the confession of accused No.3, police apprehended the petitioner on 17.02.2025 at Division No.1, Industrial Area, Jalandhar Police Station. Police found bag in his hand which was containing cash of Rs.2,89,000/- and a pistol. Concerned Police have seized the articles in the presence of witnesses and produced him before the concerned Magistrate. He was remanded to judicial custody.

It appears petitioner has confessed before the concerned police about his involvement in the offence and he has also stated that his brother was accused to this case and whenever he used to rob the public, he was sharing the amount with him.

It appears on the basis of the said confession as well as seizure of money, the Investigating Officer prima facie believed involvement of the petitioner. The petitioner is in judicial custody.

The prosecution has filed objections to the said petition contending involvement of the petitioner in the offences and further contended that investigation is completed and charge sheet has been filed. If he released on bail there may be a difficulty in securing his presence, therefore prayed to reject the bail application.

Heard the arguments.

As per the contents of remand application which has been produced by the petitioner, the petitioner was not present at the spot of incident. The pistol which was seized from his custody admittedly not used for commencing the crime. It is a licensed pistol. At present, there were no materials to show that whatever amount seized from the custody of the petitioner, are the same currency notes robbed by accused No.1 and others from the bank. Under these circumstances, at present there are no prima facie materials to believe the involvement of petitioner in the crime.

As per case of prosecution, he is reporter of local News Paper at Jalandar. Prosecution has not sought for the presence of petitioner in jail for further investigation. The investigation is already completed and charge sheet has been filed. Considering these facts and circumstances, application deserves to be allowed.

The contentions of the learned HCGP that he may abscond or he may not appear before the trial court, since he is the resident of Jalandar, if he is enlarged on bail. The said apprehension can be met with by imposing stringent conditions and also by taking the local surety as well as another surety in this regard. The concerned court shall verify the background of such sureties from the concerned jurisdictional police station wherein they reside. The concerned court shall also take the relevant documents of identity of the petitioner. Accordingly, the following:

ORDER

Petition is allowed. The petitioner is ordered to be released on bail in Crime No.4/2025 registered by the Bidar Market Police Station for the offences punishable under Section 309(4), 309(6), 311, 103, 109, 199(a) and 3(5) of BNS, 2023, subject to the following conditions:

i) Petitioner shall execute personal bond of Rs.2,00,000/- with two sureties for likesum and out of two sureties, one surety shall be residing with the jurisdiction of complainant – Police Station and the court shall verify the correctness of the particulars furnished by the both the sureties offered by the petitioner.

ii) He shall not tamper prosecution witness and evidence.

iii) The petitioner shall attend the Division No.1, Industrial Area, Jalandhar Police Station once in 15 days and mark his attendance.

iv) The investigation officer shall have contact with the concerned police station and obtain regular attendance information of the petitioner, in the said police station.

v) He shall appear before the investigating officer, if required.

vi) He shall attend before trial court on all the date of hearing without fail unless his presence is dispensed with on a particular day.