Delay in filing FIR, alongside previous bail grants to co-accused, justified the granting of anticipatory and regular bail to the petitioners despite their criminal antecedents.

ORDER :

1. Accused Nos. 1, 2 and 4 in Crime No.31 of 2025 registered by Ankola Police Station, Karwar Sub-Division, Uttara Kannada District for the offences punishable under Sections 61 (2), 109, 115(2), 126(2), 140(2), 310(2), 311, 312, 317(3), 351(2) and 352 of the BNS , 2023 and Section 25(1)(b) of the Indian ARMS ACT , 1959, are before this Court in the above captioned two petitions filed under Sections 482 and 483 of BNS S, 2023 seeking anticipatory bail and regular bail respectively.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.31 of 2025 was registered by Ankola Police Station, Karwar Sub-Division, Uttara Kannada District, for the aforesaid offences against five strangers, who came in a Swift Car, based on the first information dated 17.02.2025 received from Mohammad Ishak S/o. J. Abdul Khadar. During the course of investigation, accused Nos.2 and 4 were arrested on 03.04.2025 and subsequently remanded to the judicial custody. After completing investigation, charge sheet has been filed against 16 persons.

4. The bail application filed by accused Nos.2 and 4 before the Jurisdictional Sessions Court at Karwar in Crl.Misc.No.199 of 2025 was rejected on 28^th June 2025. Therefore, they are before this Court in Criminal Petition No.103691 of 2025 seeking regular bail.

5. Apprehending arrest in the case, accused No.1 had filed Crl.Misc.No.219 of 2025 before the jurisdictional Sessions Court, which was rejected on 19^th July 2025. Therefore, he is before this Court in Criminal Petition No.103142 of 2025 seeking anticipatory bail.

6. Learned counsel for the petitioners submits that the alleged incident had taken place on 27.01.2025 and the first information is belatedly filed on 17.02.2025, which is after a period of more than 20 days from the alleged date of incident. Though in the first information, it is stated that only five persons had participated in the crime, charge sheet has been now filed against 16 persons. They submit that as per the charge sheet allegations, accused Nos.3 to 7 are the persons, who had arrived at the spot of crime in a Swift Car. Accused Nos.3 and 5 have been granted anticipatory bail and accused Nos.6 and 7 have been granted regular bail by the jurisdictional Sessions Court. They submit that, except the petitioners herein and accused No.16, all the other accused have been granted bail in the present case. They have submitted a chart relating to the particulars of anticipatory bail and regular bail granted to other accused in the present case, which reads as follows and accordingly, they pray to allow the petitions.

7. Per contra, learned HCGP has opposed the petition. She submits that accused Nos.2 and 4 are persons with criminal antecedents. As against accused No.2, there are about 31 other criminal cases and as against accused No.4, there are 10 other criminal cases. She submits that recovery of robbed cash in the present case is not yet completed. Accordingly, she prays to dismiss the petitions.

8. In the first information dated