- 1 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3184/2025 C/W CRIMINAL PETITION NOs. 1487/2025, 2936 OF 2025 IN CRL.P No. 3184/2025 BETWEEN: VASANTH KUMAR S/O. SANJEEVA POOJARY, AGED ABOUT 43 YEARS, R/AT SUVARNA ILAYA, KAMPA, NEERMARGA VILLAGE AND POST, MANGALORE TALUK - 575 023. …PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: STATE BY MANGALURU RURAL POLICE STATION, MANGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.2426/2024 (CRIME NO.52/2024 OF MANGALURU RURAL POLICE STATION), REGISTERED BY THE MANGALURU RURAL POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 457, 342, 323, 324, 307, 395, 397, 506, 201 READ WITH SECTION 149 OF IPC ON THE FILE OF J.M.F.C. III COURT, MANGALURU. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 IN CRL.P NO. 1487/2025: BETWEEN: RAMESH POOJARY AGED ABOUT 42 YEARS S/O LATE SANJEEVA POOJARY R/AT D.NO.49, KANCHIKODIGE ROAD, BASAVANAKATTE BKANABOOR, BALEHONNUR CHIKKAMAGALUR, NARASIMHARAJAPURA KARNATAKA PRESENTLY R/AT NEERMARGA PANCHAYATH NEERMARGA VILLAGE MANGALURU TALUK - 575 029. ...PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: STATE BY MANGALURU RURAL POLICE STATION, MANGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. ...RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.2426/2024 (CR.NO.52/2024 OF MANGALURU RURAL POLICE STATION) , REGISTERED BY THE MANGALURU RURAL POLICE STATION, FOR THE OFFENCES P/U/S 120B, 457, 342, 323, 324, 307, 395, 397, 506, 201 R/W SEC.149 OF IPC ON THE FILE OF JMFC III COURT, MANGALURU. IN CRL.P NO. 2936/2025: BETWEEN: RAYMOND D'SOUZA ALIAS RAIMOND D'SOUZA - 3 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 S/O ROZARIO DSOUZA AGED ABOUT 47 YEARS R/AT MUKUDAPU HOUSE PERUVAYI POST AND VILLAGE ADYANADKA VIA BANTWAL TALUK, D.K. DISTRICT - 574 260. ..PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: STATE BY MANGALURU RURAL POLICE STATION, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001 ...RESPONDENT (BY SMT. PUSHPALATHA B, HCGP) THIS CRL.P IS FILED U/S 439/ CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BIAL IN C.C.NO.2426/2024 (CR.NO.52/2024 OF MANGALURU RURAL POLCE STATION) REGISTERED BY THE MANGALURU RURAL POLICE STATION, FOR THE OFFENCE P/U/S 120(b), 457, 342, 323, 324, 307, 307, 395, 397, 506, 201 R/W 149 OF IPC, ON THE FILE OF JMFC III COURT, MANGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 4 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 ORAL ORDER Accused Nos.1 to 3 in Crime.No.52/2024 registered by Mangaluru Rural Police Station, Dakshina Kannada District for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506, 201 R/w 149 of IPC are before this Court in these petitions under Section 439 of Cr.P.C, 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, Dakshina Kannada District initially for the offences punishable under Sections 395, 397, 506 R/w 149 of IPC against unknown persons on the basis of the first information dated 22.06.2024 received from Sri Padmanabha Kotyan S/o Late Lokayya Poojary During the course of investigation of the case, accused No.1 was arrested on 02.07.2024 and accused Nos.2 and 3 were arrested on 03.07.2024 and subsequently they were remanded to judicial custody. Investigation of the case is completed and charge sheet is filed against 18 - 5 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 persons. The petitioners are arraigned as accused Nos.1 to 3 in the charge sheet. 4. The bail application filed by accused Nos.1 to 3 in Crl.Misc.no.76/2025, Crl.Misc.No.988/2024 & Crl.Misc.No.906/2024 before the jurisdictional Sessions Court were dismissed on 07.02.2025, 03.12.2024 & 08.11.2024 respectively. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners submits that the allegation against accused Nos.4, 8 and 10 and the petitioners herein are similar and the petitioners had not entered into the premises of the first informant on the alleged date of crime. The only allegation against the petitioners and accused Nos.4, 8 and 10 is about conspiracy. Accused Nos.4, 8 and 10 have been granted regular bail by this Court. The petitioners herein do not have any criminal antecedents. Accordingly, he prays to allow the petitions. - 6 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 6. Per contra, the learned Addl. SPP who has opposed the bail applications however does not dispute the submission made by the learned counsel for the petitioners. 7. FIR in the present case was initially registered against unknown persons alleging that on the intervening night of 21.06.2024 and 22.06.2024 at about 7.45 p.m., about 10-12 persons wearing mask and had entered into the compound wall of the first informant's house and had committed dacoity in the house after criminally intimidated the inmates of the house. During the course of investigation, the petitioners herein were arrested on 02.07.2024 and 03.07.2024 respectively. Investigation of the case is now complete and charge sheet has been filed against 18 persons. The petitioners herein are arraigned as accused Nos.1 to 3 in the charge sheet. 8. As per charge sheet allegation, accused No.1 was the driver of the lorry belonging to the first informant and he had conspired with accused No.2 to commit dacoity - 7 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 in the house of the first informant and in furtherance of the said conspiracy, accused No.2 had contacted accused No.3, who in turn contacted accused No.4, who hails from Kerala state. Accused No.4 allegedly had arranged to commit dacoity in the house of the first informant and he had contacted his friend accused No.8, who allegedly arranged people for committing dacoity. In furtherance of such conspiracy, accused Nos.5, 6, 7, 9, 11, 12 to 18 (total 12 persons) came in two vehicles from Kerala and amongst them, accused Nos.5, 6, 7, 12, 13, 15, 16, 17 and 18 (total 9 persons) had entered into the house of the first informant and committed the crime on the alleged date of incident. 9. The allegation against the petitioners is that they had conspired with other accused persons to commit the crime in the house of the first informant. Accused Nos.4, 8 and 10 as against whom similar allegations are found in the charge sheet have been granted regular bail by this Court in Crl.P.No.13235/2024 and - 8 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 Crl.P.No.11767/2024. Undisputedly, the petitioners do not have any criminal antecedents. They are in custody for the last more than 8 months. Under these circumstances, I am of the opinion that, the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime.No.52/2024 registered by Mangaluru Rural Police Station, Dakshina Kannada District for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506, 201 R/w 149 of IPC, subject to the following conditions: a) Petitioners shall execute a 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; - 9 - NC: 2025:KHC:12857 CRL.P No. 3184/2025 C/W CRL.P Nos. 1487/2025, 2936 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS