Anil Fernandez Vs the State of Karnataka

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14317 OF 2025

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BETWEEN:

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ANIL FERNANDEZ S/O YESUDAS LEON FERNANDEZ AGED ABOUT 49 YEARS R/AT TRINITY VILLA HOUSE CHIRAKKARA JUNCTION MATHILIL POST, THRIKKADAVOOR KOLLAM DISTRICT STATE OF KERALA - 691 601.

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…PETITIONER

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(BY SRI LETHIF B, ADV.)

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AND:

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THE STATE OF KARNATAKA BY VITLA POLICE STATION D.K DISTRICT REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001.

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SRI RAHUL RAI, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.2/2025 (CC.NO.822/2025) OF VITLA P.S., FOR THE OFFENCES P/U/S 62,310(2),351(2) OF BNS, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, BANTWAL, D.K DISTRICT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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HC-KAR

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ORAL ORDER

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Accused No.3 in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada District, for the offences punishable under Sections 62, 310(2) and 351(2) of BNS, 2023, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.2/2025 was registered by Vitla Police Station, Dakshina Kannada District, initially for the offences punishable under Sections 318(4) and 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, petitioner herein was arrested on 23.01.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed in the present case against 13 persons and

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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HC-KAR

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petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court earlier in Crl.P.No.5878/2025, which was rejected on 18.06.2025. Thereafter, he had

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filed a fresh bail application before this Court in Crl.P.No.9927/2025, which was dismissed as withdrawn on 03.09.2025 with liberty to the petitioner to file a fresh petition before the Sessions Court. Subsequently, petitioner had filed a fresh bail application before the jurisdictional Sessions Court in Crl.Misc.No.804/2025 which was rejected on 22.09.2025. It is under these circumstances, petitioner is before this Court in this successive bail application.

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Learned counsel for the petitioner submits that petitioner aged about 50 years having no other criminal antecedents is in custody for the last nearly one year. He submits that petitioner and accused No.7 had earlier approached this Court in Crl.P.No.5773/2025 and

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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HC-KAR

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Crl.P.No.5878/2025 which were rejected on 18.06.2025. Accused No.7 has been granted bail by the Co-ordinate Bench of this Court in Crl.P.No.11202/2025 on 03.09.2025. Accused Nos.1, 4, 5 and 9 have been also granted regular bail in the present case. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. He submits that petitioner was one the amongst accused who had entered the house of the victim and committed dacoity. Accused who have been granted bail had not entered the house on the alleged date of incident. However, he does not dispute that petitioner has no other criminal antecedents.

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FIR in the present case was registered against six unknown persons who had arrived in an Ertiga car on 03.01.2025 and had entered the house of the first informant introducing themselves as officers of Enforcement Directorate and had committed the alleged

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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HC-KAR

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crime. As per the charge sheet allegations, accused No.1

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had conspired with accused Nos.4, 5, 8 to 10 to commit dacoity in the house of some rich person and in furtherance of such conspiracy, accused No.4 had forwarded the photos, sketch, location map etc., of the house of the first informant to accused No.9, who in turn had forwarded the same to accused No.8. Subsequently, accused No.8 allegedly had forwarded information received by him from accused No.9 to accused No.5, who in turn had forwarded the same to accused No.1, who is the alleged master mind in the present crime.

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In the charge sheet, it is alleged that on 03.01.2025, in furtherance of conspiracy, accused Nos.2, 3, 6, 11, 12 and 13, who came in the Ertiga Car bearing Tamil Nadu registration number had entered the house of the first informant and after threatening the inmates had committed the alleged crime and had robbed a sum of Rs.48,90,000/- from the house of the first informant. According to the charge sheet allegations, accused No.3

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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HC-KAR

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was given Rs.5 lakhs towards his share, accused No.7 was given Rs.2 lakhs towards his share and remaining amount was shared between other accused. Petitioner and accused No.7 had earlier approached this Court in Crl.P.No.5773/2025 and Crl.P.No.5878/2025 which were rejected by a common order by this Court on 18.06.2025. Subsequently, accused No.7 has been now granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.11202/2025 disposed off on 03.09.2025. Accused Nos.1 and 4 have been granted regular bail by the Coordinate Bench of this Court in Crl.P.No.8099/2025 and Crl.P.No.11318/2025 on 22.08.2025. Accused No.9 has

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been granted regular bail by this Court in Crl.P.No.9429/2025 on 16.07.2025. Accused No.5 has been granted regular bail by this Court in Crl.P.No.9738/2025 on 22.07.2025. It is brought to the

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notice of this Court that accused No.8 has been granted regular bail by the jurisdictional Sessions Court. Undisputedly, petitioner aged about 50 years has no other

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HC-KAR

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criminal antecedents and he is in custody in the present case from 23.01.2025. The alleged offences are not exclusively punishable with death or life imprisonment. Under the circumstances, I am of the opinion that by imposing appropriate conditions, prayer of the petitioner for grant of regular bail can be granted. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada District, for the offences punishable under Sections 62, 310(2) and 351(2) of BNS, 2023, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties (out of which one shall be a local surety) for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless

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NC: 2026:KHC:549 CRL.P No. 14317 of 2025

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the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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f) The petitioner shall furnish proof of his residential address and shall inform the concerned Court, if there is any change in the address.

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g) The petitioner shall surrender his Passport before the Trial Court.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DN

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List No.: 1 Sl No.: 10

Anil Fernandez v. the State of Karnataka

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Anil Fernandez v. the State of Karnataka

Case brief

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