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2025 DIGILAW 775 (KAR)

Sajeesh M. M. @ Mani, S/O Mohana M K v. State of Karnataka, Through Mangaluru Rural Police Station

2025-07-04

S.VISHWAJITH SHETTY

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ORDER : S Vishwajith Shetty, J. Accused Nos.7, 12 and 13 in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City for offences punishable under Sections 120-B, 457, 342, 323, 324, 307, 395, 397, 506, 201 read with Section 149 of IPC are before this Court in these three petitions filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.52/2024 was registered by Mangaluru Rural Police Station, Mangaluru City, initially for the offence punishable under Sections 395, 397, 506 read with Section 149 of IPC against unknown persons, based on the first information dated 22.06.2024 received from Padmanabha Kotyan s/o Late.Lokaya Poojary. 4. During the course of investigation of the case accused No.7 was arrested on 04.07.2024 and accused Nos.12 and 13 were arrested on 26.08.2024 and subsequently, they were remanded to judicial custody. After completing investigation, charge sheet has been filed against 18 persons and petitioners herein are arraigned as accused Nos.7, 12 and 13 respectively in the charge sheet. Bail application filed by the petitioners before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 5. Learned Counsel for the petitioners submits that petitioners have no criminal antecedents. Accused Nos.7 is in custody for the last nearly one year and accused Nos.12 and 13 are in custody for the last nearly ten months. Trial in the case is yet to commence and case before the trial Court is still at the stage of hearing before charge. Accused Nos.1 to 5 and 8 to 11 are already enlarged on bail in the present case. Petitioners undertake to abide by any conditions that may be imposed on them, in the event they are enlarged on bail. Accordingly, he prays to allow these petitions. 6. Per contra, learned HCGP has opposed the petition. He submits that there are sufficient materials to connect the petitioners to the crime and the robbed articles is also recovered from the petitioners herein. Petitioners are from the State of Kerala and in the event they are enlarged on bail, it would be difficult to secure their presence. Accordingly, he prays to dismiss these petitions. 7. FIR in the present case was initially registered against unknown persons. Petitioners are from the State of Kerala and in the event they are enlarged on bail, it would be difficult to secure their presence. Accordingly, he prays to dismiss these petitions. 7. FIR in the present case was initially registered against unknown persons. Allegations in the first information is that on 21.06.2024 at about 7:45 p.m., about 10 to 12 unknown persons aged about 30 to 40 years wearing masks on their face and gloves on their hands had entered into the compound of the first informant's house and after assaulting him with a knife, about 3 to 4 accused persons thereafter entered into the house of the first informant and threatened his wife and son with a knife and they totally robbed cash of Rs.1,50,000/- and gold ornaments worth Rs.9 lakhs. Thereafter, they escaped from the house after criminally intimidating the first informant and his family members. 8. During the course of investigation of the case, petitioners herein were arrested and after completing investigation, charge sheet has been filed against 18 persons. Allegations in the charge sheet is that in furtherance of the conspiracy accused Nos.5, 6, 7, 9, 11 and 12 to 18 came in two vehicles from Kerala to Mangaluru and amongst the aforesaid accused, accused Nos.5 to 7, 12, 13 and 15 to 18 had entered into the compound of the first informant on 21.06.2024 and had committed the alleged crime. In the first information, it is stated that all the accused who had entered into the compound wall were wearing masks on their face and gloves on their hands. However, charge sheet material would go to show that the accused were identified in the Test Identification Parade subsequent to their arrest. 9. Material on record would also go to show that there is recovery of robbed articles from all the accused persons who were arrested in the present case. Accused Nos.1 to 5 and 8 to 11 have been granted regular bail by this Court in Crl.P.No.13235/2024, Crl.P.No.11767/2024, Crl.P.No.12679/2024, Crl.P.No.9738/2024, Crl.P.No.3184/2025 and connected petitions. 10. Undisputedly, petitioners herein do not have any criminal antecedents. Accused Nos.7 is in custody for the last nearly one year and accused Nos.12 and 13 are in custody for the last nearly ten months. The case before the trial Court is still at the stage of hearing before charge. 10. Undisputedly, petitioners herein do not have any criminal antecedents. Accused Nos.7 is in custody for the last nearly one year and accused Nos.12 and 13 are in custody for the last nearly ten months. The case before the trial Court is still at the stage of hearing before charge. It is trite that accused persons cannot be detained in custody as a punitive/preventive measure. The alleged offences are not exclusively punishable with death or life imprisonment. The charge sheet allegations are required to be proved against the accused in a full fledged trial. Considering the fact that investigation and recovery proceedings have been already completed in the present case, I am of the view that petitioners' custody is no more required. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered in affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed The petitioners are directed to be enlarged on bail in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City for offences punishable under Sections 120-B, 457, 342, 323, 324, 307, 395, 397, 506, 201 read with Section 149 of IPC, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.