Karnataka High Court
Sri Divin A D vs State Of Karnataka on 4 July, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2025:KHC:24188
CRL.P No. 12542 of 2024
C/W CRL.P No. 1231 of 2025
CRL.P No. 1240 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12542 OF 2024
C/W
CRIMINAL PETITION NO. 1231 OF 2025
CRIMINAL PETITION NO. 1240 OF 2025
IN CRL.P No. 12542/2024
BETWEEN:
MR SAJEESH M M @ MANI,
S/O MOHANA M K,
AGED ABOUT 32 YEARS,
R/AT MULLAKKAL HOUSE,
KUMARANELLURU,
VADAKKANCHERI, TRISHUR,
KERALA - 679 552.
...PETITIONER
Digitally
signed by (BY SRI. GAJENDRA SINGH RAJ PUROHIT., ADVOCATE FOR;
KAVYA R
SRI.PARASHURAM A.L., ADVOCATE)
Location: High
Court of
Karnataka AND:
STATE OF KARNATAKA,
THROUGH MANGALURU RURAL POLICE STATION,
DAKSHINA KANNADA DISTRICT.
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI.RANGASWAMY R., HCGP)
-2-
NC: 2025:KHC:24188
CRL.P No. 12542 of 2024
C/W CRL.P No. 1231 of 2025
CRL.P No. 1240 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR
BAIL CONDITIONALLY PENDING TRIAL IN C.C.NO.2426/2024
FOR THE OFFENCE P/U/S 120B, 457, 342, 323, 324, 307, 395,
397, 506, 201 R/W 149 OF IPC PENDING ON THE FILE OF THE
HONBLE III J.M.F.C COURT MANGALURU WHICH IS
REGISTERED IN PURSUANCE OF CR.NO.52/2024 OF
MANGALURU RURAL P.S. BY THE RESPONDENT POLICE.
IN CRL.P NO. 1231/2025
BETWEEN:
SRI GADWIN MILTAN C,
S/O DILIP,
AGED ABOU5T 23 YAERS,
R/AT CHAKKERI HOUSE, MOORKANAD,
PORATHISERI PART, MUKUNDAPURA,
KARAVANNUR, TRISSUR DISTRICT,
KERALA - 680 711.
...PETITIONER
(BY SRI. GAJENDRA SINGH RAJ PUROHIT.,ADVOCATE FOR;
SRI.PARASHURAM A.L., ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH MANAGLURU RURALJ POLICE STATITON,
DAKSHINA KANNADA DISTARICT,
REP BY STAE PUBLIC PREOSECUTOR,
HIGH COURT OF KARATANTAKA,
BENGLAURU - 560 001.
...RESPONDENT
(BY SRI. RANGASWAMY. R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO
ENLARGE HIM ON REGULAR BAIL IN C.C.NO.2426/2024
ARISING FROM CRIME NO.52/2024 REGISTERED BY
-3-
NC: 2025:KHC:24188
CRL.P No. 12542 of 2024
C/W CRL.P No. 1231 of 2025
CRL.P No. 1240 of 2025
HC-KAR
RESPONDENT POLICE AND WHICH IS PENDING ON THE
FILE OF THE HONBLE III JMFC COURT, MANGALURU
WHEREIN THE PETITIONER HAS BEEN ARRAYED AS
ACCUSED NO.13 FOR THE ALLEGED OFFENCES P/U/S
120(B), 457, 342, 323, 324, 307, 395, 397, 506, 201 R/W
SECION 149 OF THE IPC, 1860.
IN CRL.P NO. 1240/2025
BETWEEN:
SRI DIVIN A D,
S/O. DILIP,
AGED ABOUT 27 YEARS,
RESIDING AT ATTUVEPIN HOUSE,
KARAVANNUR, THRISSUR DISTRICT,
KERALA - 680 711.
...PETITIONER
(BY SRI. GAJENDRA SINGH RAJ PUROHIT.,ADVOCATE FOR;
SRI.PARASHURAM A.L., ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH MANGALURU RURAL POLICE STATION,
DAKSHINA KANNADA DISTRICT,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI.RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE HIM ON REGULAR BALL IN
C.C NO. 2426/2024 ARISING FROM CRIME NO. 52/2024
REGISTERED BY RESPONDENT MANGALURU RURAL POLICE
AND WHICH IS PENDING ON THE FILE OF THE HONBLE III
JMFC COURT, MANGALURU WHEREIN THE PETITIONER HAS
-4-
NC: 2025:KHC:24188
CRL.P No. 12542 of 2024
C/W CRL.P No. 1231 of 2025
CRL.P No. 1240 of 2025
HC-KAR
BEEN ARRAYED AS ACCUSED NO. 12 FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 457,
342, 323, 324, 307, 395, 397, 506, 201 R/W SECTION 149
OF THE INDIAN PENAL CODE, 1860.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
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. -5-
NC: 2025:KHC:24188 CRL.P No. 12542 of 2024 C/W CRL.P No. 1231 of 2025 CRL.P No. 1240 of 2025 HC-KAR
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 -6- NC: 2025:KHC:24188 CRL.P No. 12542 of 2024 C/W CRL.P No. 1231 of 2025 CRL.P No. 1240 of 2025 HC-KAR 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. 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 -7- NC: 2025:KHC:24188 CRL.P No. 12542 of 2024 C/W CRL.P No. 1231 of 2025 CRL.P No. 1240 of 2025 HC-KAR 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. -8-
NC: 2025:KHC:24188 CRL.P No. 12542 of 2024 C/W CRL.P No. 1231 of 2025 CRL.P No. 1240 of 2025 HC-KAR
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. 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 -9- NC: 2025:KHC:24188 CRL.P No. 12542 of 2024 C/W CRL.P No. 1231 of 2025 CRL.P No. 1240 of 2025 HC-KAR 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;
- 10 -
NC: 2025:KHC:24188 CRL.P No. 12542 of 2024 C/W CRL.P No. 1231 of 2025 CRL.P No. 1240 of 2025 HC-KAR
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.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 44