Bail should not be a punitive measure; accused can be released if custody is unnecessary and they do not have criminal antecedents.

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. 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