Case Note & Summary
The judgment pertains to two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 439 of the Code of Criminal Procedure (CrPC) seeking bail for the petitioners, who are accused Nos. 3 and 4 in Crime No.112/2024 registered at Hubballi Town Police Station. The offences alleged include Sections 310(2) (robbery), 311 (extortion), 238 (criminal conspiracy), and 312 (theft) of the Bharatiya Nyaya Sanhita (BNS) 2023. The petitioners, Edwin Thomas (accused No.4) and Febin N (accused No.3), both residents of Kerala, were arrested in connection with the crime. The court heard arguments from the counsel for the petitioners, Sri. Biju P. Raman and Sri. Pranav S. Katageri, and the High Court Government Pleader, Smt. Girija S. Hiremath. The court observed that the role attributed to the petitioners was not specific and that no prima facie case was made out against them. Consequently, the court allowed both petitions and granted bail to the petitioners subject to conditions, including furnishing a personal bond of Rs.1,00,000 with one surety, reporting to the police station once a month, and not tampering with evidence or influencing witnesses.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC / Section 483 BNSS - Prima Facie Case - Petitioners/accused Nos. 3 and 4 sought bail in Crime No.112/2024 for offences under Sections 310(2), 311, 238, 312 of BNS 2023 - Court held that the role attributed to the petitioners was not specific and no prima facie case was made out against them - Held that bail should be granted subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioners/accused Nos. 3 and 4 are entitled to bail in Crime No.112/2024 for offences punishable under Sections 310(2), 311, 238, 312 of BNS 2023.
Final Decision
Both petitions are allowed. Petitioners shall be enlarged on bail on executing a personal bond of Rs.1,00,000 with one surety, subject to conditions including reporting to the police station once a month and not tampering with evidence.
Law Points
- Bail
- Prima Facie Case
- Section 439 CrPC
- Section 483 BNSS
- Robbery
- Extortion
- Criminal Conspiracy
