Karnataka High Court
Shri Tohid Arshad Savanurkar vs The State Of Karnataka on 13 February, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:2954
CRL.P No. 100269 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL PETITION NO.100269 OF 2025
[439(CR.PC)/483(BNSS)]
BETWEEN:
1. SHRI TOHID ARSHAD SAVANURKAR
AGED ABOUT 32 YEARS,
OCC: MANAGEMENT SUPERVISOR,
J KAZZIE CONSTRUCTIONS,
ICHALKARANJI,
R/O. VIKRAM NAGAR
NEAR MARUTI MANDIR,
ICHALKARANJI-416115,
TQ. HATHKANAGALA,
DIST: KOLHAPUR,
MAHARASHTRA STATE,
NOW AT HINDALAGA CENTRAL PRISON,
BELAGAVI.
Digitally
signed by
MALLIKARJUN
MALLIKARJUN RUDRAYYA
RUDRAYYA KALMATH
(IN JUDICIAL CUSTODY)
KALMATH Date:
2025.02.14
15:02:30
+0530
2. SHRI MOHASIN SIKANDAR MOMIN
AGED ABOUT 36 YEARS,
OCC. WELDOR,
M/S. RAJ ENGINEERS,
ICHALKARANJI,
R/O. 7/374, VETAL PETH,
NEAR ANTARBHARATI SCHOOL,
AT: ICHALAKARANJI-416115,
TQ: HATHKANAGALA,
DIST. KOLHAPUR,
MAHARASHTRA-416115,
NOW AT HINDALAGA CENTRAL PRISON,
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NC: 2025:KHC-D:2954
CRL.P No. 100269 of 2025
BELAGAVI.
(IN JUDICIAL CUSTODY)
3. SHRI WASIM MANSUR BAGWAN
AGED ABOUT 39 YEARS,
OCC. GRINDING FITTING HELPER,
RAJ ENGINEERS, ICHALKARANJI,
R/O. NO.7/906, VETAL PETH,
NEAR ANTARBHARATI SCHOOL,
AT: ICHALAKARANJI-416115,
TQ: HATHKANAGALA,
DIST: KOLHAPUR,
MAHARASHTRA,
NOW AT HINDALAGA CENTRAL PRISON,
BELAGAVI.
(IN JUDICIAL CUSTODY)
... PETITIONERS
(BY SRI ASHOK KALYANASHETTY, ADVOCATE)
AND:
THE STATE OF KARNATAKA
(MUDALAGI P.S.)
BY ITS STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT BENCH PREMISES,
DHARWAD-580001.
... RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
BNSS, 2023, SEEKING TO ENLARGE THEM ON BAIL ON SUCH TERMS
AND CONDITIONS AS DEEMED FIT IN MUDALAGI PS CR. NO.
139/2024 FOR THE OFFENCES P/U/SECTIONS 309(6) AND 310(2) OF
BNS 2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC
MUDALAGI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:2954
CRL.P No. 100269 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of regular bail in Crime no.139/2024 by Mudalgi Police Station for offences punishable under Section 310 (2) of Bharatiya Nyaya Sanhita, 2023 ('BNS', for short) by accused no.1 to 3.
2. Sri Ashok R. Kalyanshetty, learned counsel for petitioner submitted case of prosecution was that at 11.20 p.m. on 20.11.2024, complaint was filed by Jaffar Ibrahim Mujawar ('complainant' for short), stating that he was running wholesale Grocery shop at Terdal, wherein he supplied grocery on credit basis, and collected payment later through his employees. On 20.11.2024, his employees namely Sanju Kalappa Kuhalli and Isharar Ismail Mujawar were sent to collect credit amount, Azharuddin - his nephew informed him about his workers being robbed. After contacting his employees, they confirmed that Rs.12,00,000/- kept in bag was robbed near Harugeri cross on Nippani - Mudhol road, at 3:00 p.m. on 20.11.2024 by four unknown persons who came on two -4- NC: 2025:KHC-D:2954 CRL.P No. 100269 of 2025 motorcycles, threw chilli powder and showing iron rod to threaten victims to hand over money. Said complaint was registered as Crime no.139/2024 at Mudalgi Police Station against four unknown persons.
3. It was submitted, petitioners were employed at Ichalakaranji, petitioner no.1 (accused no.1) as Management Supervisor at J Kazzie Constructions, petitioner no.2 (accused no.2) as Welder and Gas cutter at Raj Engineers and petitioner no.3 (accused no.3) as Grinding - Fitting Helper at Raj Engineers. They were permanent residents along with their families who were dependent on them. They were arrested on 27.11.2024 and had been in custody since. It was further submitted prosecution had completed investigation and filed charge sheet on 02.01.2025 in (C.C.no.30/2025).
4. It was submitted, there were no specific overt-acts against each of petitioners, except vague allegations in common against four unknown persons. It was submitted, absence of any description of features of alleged four assailants, motorcycles they used, clothed they had worn or particulars about bag in which money was being carried etc. -5- NC: 2025:KHC-D:2954 CRL.P No. 100269 of 2025 would give rise to grave doubts about prosecution version. It was further submitted, amount taken away by accused was alleged to be Rs.12,00,000/- in complaint, amount recovered from accused and amount alleged to have been spent by them would not total to said amount.
5. It was further submitted, in spot panchanama drawn, there was neither any recovery nor even mention of any chilli powder strewn on ground or on clothes of CWs.5 and 6. Even recovery of money was being relied upon, there was no recovery of bag in which cash was being carried by CWs.5 and
6. It was also submitted without any criminal antecedents petitioners were implicated. On above grounds sought for allowing petition.
6. On other hand, Sri Jairam Siddi, learned HCGP for respondent - State opposed petition. At outset it was submitted offence alleged against petitioners was dacoity which was serious offence. It was submitted, though complaint and FIR were against four unknown persons, during investigation, there was recovery of more than Rs.8,00,000/- from accused. It was submitted, fact that petitioners were from another State -6- NC: 2025:KHC-D:2954 CRL.P No. 100269 of 2025 aggravated claim for bail. It was submitted in case of grant of bail, there was likelihood of petitioners fleeing away, apart from possibility of tampering with prosecution witnesses. Therefore there were no good grounds for granting bail.
7. Heard learned counsel.
8. Only point that arises for consideration herein is:
"Whether petitioner is entitled for regular bail with conditions?"
9. This petition for regular bail is by accused no.1 to 3 for offences alleged in Crime no.139/2024 by Mudalgi Police Station for offence under Section 310 (2) of BNS i.e. dacoity punishable with imprisonment for life, which would be heinous offence.
10. As per prosecution, incident occurred at 3:00 p.m. on 20.11.2024. In complaint filed at 11:20 p.m. on same day, it was stated that complaint was filed after searching for accused nearby along with police. Further, as stated by complainant in complaint, alleging offence was committed by four unknown persons, without mentioning any particulars for purposes of identity. Complaint lacked particulars of -7- NC: 2025:KHC-D:2954 CRL.P No. 100269 of 2025 motorcycles involved and about direction in which assailants proceeded from spot of incident. Even FIR was registered against four unknown persons. Thereafter, petitioners along with accused no.5 & 6 were arrested on 27.11.2024, while accused no.4 was arrested on 29.11.2024. Though prosecution claims recovery there appears to be some mismatch.
11. Admittedly, prosecution has completed investigation and filed charge sheet on 02.01.2025 and accused no.5 has been enlarged on bail by order dated 16.01.2025 passed by this Court in Crl.P.no.103886/2024. Under above circumstances, and as prosecution concerns can be mitigated by imposing suitable conditions, point for consideration is answered in affirmative. Hence, this:
ORDER Petition is allowed. Petitioners - accused no.1 to 3 are ordered to be released on bail in Crime no.139/2024 of Mudalgi Police Station for offence punishable under Section 310 (2) of BNS, subject to following conditions:
a) Each of petitioners i.e. accused no.1 to 3, shall separately execute personal bonds for a sum of -8- NC: 2025:KHC-D:2954 CRL.P No. 100269 of 2025 Rs.1,00,000/- with two sureties (of whom at least one of them shall be local resident) for likesum to satisfaction of Court.
b) Except for purposes of condition (e) infra, they shall not leave jurisdiction of Kolhapur District, without prior permission.
c) They shall not threaten or tamper with any prosecution witnesses either directly or indirectly.
d) They shall not indulge in any criminal activities.
e) They shall be regular in attending Court proceedings.
f) They shall forthwith inform change of residence to Investigating Officer.
g) It is clarified that views expressed are prima facie and shall not influence final outcome after trial.
SD/-
(RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 12