Karnataka High Court
Mr. Shabin S vs State By Vitla Police Station on 18 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:21104
CRL.P No. 5773 of 2025
C/W CRL.P No. 5878 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5773 OF 2025
C/W
CRIMINAL PETITION NO. 5878 OF 2025
IN CRL.P No. 5773/2025:
BETWEEN:
MR. SHABIN S
AGED ABOUT 27 YEARS
S/O SHAJAHAN
R/AT. MADEENA MANZIL
KANNANALLOR P.O.THRIKKAVILVATTOM
KOLLAM, KERALA STATE - 691 576.
...PETITIONER
(BY SRI MANJULA M.S, ADV. )
AND:
STATE BY VITLA POLICE STATION
DAKSHINA KANNADA DISTRICT
Digitally REPRESENTED BY SPP
signed by
NANDINI M S HIGH COURT BUILDING.
Location: ...RESPONDENT
HIGH COURT
OF
KARNATAKA (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.2/2025 OF VITALA
POLICE STATION, DAKSHINA KANNADA WHICH IS PENDING BEFORE
2ND ADDITIONAL CIVIL AND SESSIONS JUDGE D.K.MANGALURU.
IN CRL.P NO. 5878/2025:
BETWEEN:
ANIL FERNANDEZ
S/O YESUDAS LEON FERNANDEZ
AGED ABOUT 49 YEARS
R/A TRINITY VILLA HOUSE
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NC: 2025:KHC:21104
CRL.P No. 5773 of 2025
C/W CRL.P No. 5878 of 2025
HC-KAR
CHIRKKARA JUNCTION, MATHILIL
POST, TRIKKADAVOOR, KOLLAM DIST
KERALA STATE - 691 601
(NOW IN JUDICIAL CUSTODY
CENTRAL PRISION, BANGALORE)
...PETITIONER
(BY SRI MATHEW P.M, ADV.)
AND:
STATE OF KARNATAKA BY
VITLA POLICE STATION
D.K, MANGALURU - 574 243
REPRESENTED BY HCGP
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.2/2025 OF VITLA POLICE STATION, D.K. MANGALURU
FOR THE OFENCE P/U/S.319(2), 318(4) OF BNS ACT 2023
PENDING BEFORE THE HONBLE ADDL. CIVIL JUDGE (JR.DN.)
AND JMFC, BANTWALA, DAKSHINA KANNADA DISTRICT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.3 & 7 in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada District, for the offences punishable under Sections 62, 310(2), 351(2) of BNS, 2023, are before this Court in these two petitions under Section 483 of BNSS, 2023, seeking regular bail.
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NC: 2025:KHC:21104 CRL.P No. 5773 of 2025 C/W CRL.P No. 5878 of 2025 HC-KAR
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.2/2025 was registered by Vitla Police Station, Dakshina Kannada District, initially for the offences punishable under Sections 318(4), 319(2) of BNS, 2023, against six unknown persons based on the first information dated 04.01.2025 received from Mahammad Ikbal S/o Haji N.Sulaiman. During the course of investigation, accused no.3 was arrested on 23.01.2025 and accused no.7 was arrested on 03.02.2025. Subsequently, they were produced before the court and remanded to judicial custody. Their bail applications filed before the jurisdictional Sessions Court in Crl. Misc. No.117/2025 & Crl. Misc. No.175/2025 were rejected, and therefore, they are before this Court in these two petitions.
4. Learned Counsel for the petitioners submit that investigation of the case is already completed and charge sheet has been filed. Petitioners custody is no more required. There is absolutely no material to connect the petitioners to the crime and they do not have any criminal antecedents of similar nature. They have been falsely implicated in the case for -4- NC: 2025:KHC:21104 CRL.P No. 5773 of 2025 C/W CRL.P No. 5878 of 2025 HC-KAR extraneous reasons. Accordingly, they pray to allow the petitions.
5. Per contra, learned HCGP has seriously opposed the petitions. She submits that there is recovery from the petitioners and in the test identification parade, the accused have been identified. She submits that petitioners are from Kerala State and in the event they are enlarged on bail, it would be difficult to secure their presence and chances of they indulging in similar offences cannot be ruled out. She also submits that some of the accused are yet to be arrested and recovery is yet to be completed. Accordingly, she prays to dismiss the petitions.
6. In the first information, it is alleged that on 04.01.2025 at about 8.10 p.m., six unknown persons arrived at the house of the first informant in an Ertiga car bearing Tamil Nadu registration and introduced themselves as officers from Enforcement Directorate. They also informed the inmates of the house that they had authorization to search the house and they also had information that there was illegal money stocked in the house. Thereafter, the said persons allegedly snatched the -5- NC: 2025:KHC:21104 CRL.P No. 5773 of 2025 C/W CRL.P No. 5878 of 2025 HC-KAR mobile phones of the inmates of the house and after searching the entire house, they took cash of Rs.25 to 30 lakhs and left the place informing the inmates of the house that the money can be claimed from their office at Bengaluru after producing necessary documents. Subsequently, at about 03.00 hours on 04.01.2025, the first informant had approached the police and based on his information, FIR was registered against unknown persons. During the course of investigation, some of the accused were arrested and after completing investigation, charge sheet has been filed against 13 persons.
7. Perusal of the charge sheet would go to show that some of the accused are absconding and in the charge sheet, it is also mentioned that recovery of amount robbed by the accused is yet to be completed. In the charge sheet, it is alleged that the accused persons had conspired to commit dacoity in the house of the first informant and in furtherance of such conspiracy, accused nos.2, 3, 6, 11, 12 & 13 arrived in a Ertiga car to the house of the first informant on the night of 03.01.2025, while accused no.7 who came in a Innova car was keeping a watch from a distance and was giving necessary -6- NC: 2025:KHC:21104 CRL.P No. 5773 of 2025 C/W CRL.P No. 5878 of 2025 HC-KAR instructions to the aforesaid accused who had gone to the house of the first informant. Accused nos.2, 3, 6, 11, 12 & 13 after gaining entry to the house of the first informant, introduced themselves as officers from Enforcement Directorate, and thereafter, snatched the mobile phones of the inmates of the house and robbed them.
8. In the charge sheet, it is alleged that the accused persons robbed a total amount of Rs.48,90,000/- from the house of the inmates, and thereafter escaped in the Ertiga car in which they had arrived. It is also alleged in the charge sheet that the accused persons including the petitioners herein shared the robbed amount and accused nos.3 & 7 were given a sum of Rs.5 lakhs & Rs.2 lakhs, respectively, for the role played by them in committing the crime. The accused persons have been subsequently identified in the identification parade that was held by the Tahsildar. After the accused were arrested, there is recovery of the robbed amount from them and the call details in their mobile phones would also connect them to the crime in question. Accused have committed a serious offence and the petitioners herein hail from Kerala State. Accused no.7 was -7- NC: 2025:KHC:21104 CRL.P No. 5773 of 2025 C/W CRL.P No. 5878 of 2025 HC-KAR arrested in the Airport while he was making attempts to flee from the country. Therefore, the apprehension expressed by the learned HCGP that in the event petitioners are enlarged on bail they may flee away from justice, cannot be rejected.
9. Bail application of the accused has to be considered depending upon the merits of each case and there cannot be a straight jacket formula for the same, and therefore, merely for the reason that investigation is completed and charge sheet has been filed, petitioners prayer for grant of regular bail at this stage, cannot be considered, more so when some of the accused are still absconding and the robbed amount is yet to be recovered. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered negatively. Accordingly, petitions are dismissed.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KK