1. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.

2. FIR in Crime No.88/2024 of Konaje Police Station, Mangaluru City is registered against accused Nos.1 to 3 for offences punishable under Section 312, 313, 3(5) of BNS, 2023, on a suo moto complaint lodged by the Sub-Inspector of Police (L & O), Konaje Police Station, Mangaluru City. Petitioner is arraigned as accused No.3 in the FIR. 3. It is alleged that on 10.07.2024 at about 11.30 p.m., when the complainant and his staff were on rounds,

3. It is alleged that on 10.07.2024 at about 11.30 p.m., when the complainant and his staff were on rounds, at about 3.20 a.m., on 11.07.2024, they noticed a Blue Colour Swift car coming from Pathur, Kerala. They stopped the car at Mudungarukatte Check Point, and found that there were three persons present in the Car. On interrogation, they disclosed their names and address. When the car was searched, they noticed a school bag in which there were incriminating articles like air gun, pistol shaped lighter, hand gloves, monkey caps, cutting pliers etc. The said articles and the car bearing Registration No.KA19-MC-785 were seized under a mahazar. Accused were arrested and produced before the Court and they were remanded to judicial custody.

4. Learned High Court Government Pleader has contended that the incriminating articles were recovered from the accused, which prima facie show that they were making preparation to commit robbery. He contended that against the petitioner there are five more cases registered, all for the offence punishable under Section 454, 457 and 380 IPC., therefore, he is a habitual offender and if he is released on bail, he may once again commit similar offences and also flee from justice.

5. Learned counsel for petitioner has contended that the offences alleged are under Section 312 and 313 of BNS, 2023, and there is no allegation that the accused have attempted to commit robbery and merely because some incriminating articles are recovered, it cannot be held that the accused have attempted to commit robbery. He contended that the ingredients of the offences alleged are not made out. He further contended that even according to the prosecution, the bag in which the incriminating articles were found belong to accused No.1. The petitioner is innocent and he is falsely implicated in this case. He further submitted that accused No.2, similarly placed as the petitioner has been enlarged on bail by the learned Sessions Court.

6. In the mahazar it is stated that, during interrogation the accused confessed that the bag belong to accused No.1-Mohammed Siyab. Section 312 and 313 of BNS, 2023, are invoked against the accused. However, at this stage there is no material to show that the accused have attempted to commit robbery or dacoity or they belong to gang of robbers. At the most it can be said at this stage that the accused were making preparation to commit the offence, which by itself is not a ground to reject the prayer of the petitioner, particularly, keeping in view that the petitioner is in judicial custody and accused No.2 has been enlarged on bail by the Sessions Court. Petitioner is said to be a permanent resident of the address furnished in this petition. He has undergone six months in custody. Charge sheet is filed. He is not required for further interrogation. Hence, by imposing stringent conditions, petitioner can be released on bail. Accordingly, the following:

ORDER

(i) Petition is allowed.

(ii) Petitioner/accused No.3 in Crime No.88/2024 of Konaje Police Station, Mangaluru City, shall be enlarged on bail, subject to following conditions:

1. He shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

3. He shall not directly or indirectly tamper with the prosecution witnesses.

4. He shall not indulge himself in committing any offence.

5. He shall appear before the trial Court regularly on all dates of hearing.

Violation of any of the above condition shall result in cancellation of bail.