Shabin S vs State By Vitla Police Station Dakshina Kannada District

Mohammad Nawaz, J

Petitioner is seeking to enlarge him on bail in Crime No.2/2025 of Vitla Police Station, Dakshina Kannada, registered for the offence punishable under Section 319(2), 318(4) of BNS, 2023.

The aforementioned crime is registered on a complaint lodged by one Mohammad Iqbal against 6 unknown persons. The allegations are that, on 03.01.2025 at about 8.10 p.m., 6 unknown persons disguising themselves as ED officials came to the house of complainant, threatened the inmates of the house and robbed Rs.25,00,000/- to 30,00,000/- and 5 mobile phones.

Chargesheet is filed against accused Nos.1 to 13 for the offence punishable under Section 62, 310(2), 351(2) of BNS, 2023. Petitioner is arraigned as accused No.7 in the chargesheet.

As per prosecution, petitioner is also involved in the conspiracy and when the incident took place, he was waiting in an Innova car at a place called Veerakambha.

It is contended by the learned counsel that the petitioner is falsely implicated in the case. There is no recovery of any cash from his possession. The allegation that he was waiting in a car at some distance, is a concocted story created by the prosecution. The said place where he allegedly parked the car is more than 2 to 3 kms away from the place of incident. She contended that the petitioner has no criminal antecedents. Similarly placed accused are enlarged on bail. She therefore sought to allow the petition and enlarge the petitioner on bail by imposing any conditions.

Learned High Court Government Pleader has contended that the accused have robbed in all Rs.48,90,000/- from complainant’s house. Out of the crime proceeds, a sum of Rs.2,00,000/- was received by the petitioner. He therefore contended that considering the nature and gravity of the offence committed, petitioner is not entitled for bail.

As per prosecution, 6 unknown persons entered the complainant’s house introducing them as ED officials and by threatening the inmates of the house, robbed the cash and mobile phones.

As per complaint averments, a sum of Rs.25,00,000/- to 35,00,000/- was taken away by 6 accused who entered the house. In the chargesheet it is alleged that in all a cash of Rs.48,90,000/- was robbed from the complainant’s house. Out of the same, it is alleged that petitioner received Rs.2,00,000/-.

Admittedly, even according to the prosecution petitioner was not the one who entered the house of the complainant. It is alleged that he was waiting at a place called Veerakambha in a car. There is no recovery of any cash from the petitioner. He has not been identified by the complainant or other inmates of the house. A mobile phone belonging to the petitioner is said to have been seized. That alone is not sufficient to incriminate him. At this stage, except the voluntary statement, there is no adequate material to show that he is one of the conspirators or he is also involved in the commission of offence.

Learned High Court Government Pleader contended that petitioner hails from Kerala State and therefore, if he is released on bail, he may flee from justice.

Petitioner has no criminal antecedents. He has undertaken to furnish sufficient surety to ensure his regular presence before the trial Court. Apprehension of the prosecution can be taken care of by imposing suitable conditions. Hence, the following:

ORDER

i. Petition is allowed.

ii. Petitioner/accused No.7 (as per chargesheet) in Crime No.2/2025 of Vitla Police Station, Dakshina Kannada, shall be enlarged on bail, subject to following conditions:

He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, one of them shall be a local surety, to the satisfaction of the jurisdictional Court.

He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

He shall not directly or indirectly tamper with the prosecution witnesses.

He shall not indulge himself in committing any offence.

He shall appear before the trial Court on every date of hearing without fail.

Violation of any of the above condition shall result in cancellation of bail.