Bombay High Court
VENKETESH RAMESHversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The court allowed bail, finding that the circumstantial nature of the evidence and the prolonged detention justified the exercise of discretion in favour of the accused.
Summary
The High Court considered a bail application filed by Venketesh Ramesh and Girish Venkatesh, who were charged under Sections 305(a), 331(3), 317 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (equivalent to IPC offences of robbery, theft of valuable property and extortion). The prosecution alleged that the accused broke into a house, stole Rs. 42.34 lakh, and that the stolen items were recovered at their instance, relying mainly on CCTV footage. The defence argued that there were no eye‑witnesses, the key to the house was in possession of a third party who was not examined, and that the CCTV was distant and thus unreliable, making the case purely circumstantial. The Court noted the lack of direct evidence, the prolonged pre‑trial detention of over six months, and the seriousness of the offences, but exercised its discretion in favour of the applicants, granting bail with conditions. The order directed the release of the accused on a personal bond and sureties, subject to compliance with stipulated conditions.
Issues considered
- Whether bail should be granted in a serious offence where the prosecution's case is based solely on circumstantial evidence such as distant CCTV footage.
- Whether the length of pre‑trial detention (over six months) warrants the grant of bail.
- Whether the absence of eye‑witnesses and lack of inquiry into a third‑party key holder affect the bail decision.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 305(a), 317, 331(3), 3(5)
Subjects
- bail
- circumstantial evidence
- CCTV footage
- pre‑trial detention
- theft
- robbery
- criminal procedure
- Bhartiya Nyaya Sanhita
- Indian Penal Code
Judgment
1
6-BA-243-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 243 OF 2026
1. Venketesh Ramesh
2. Girish Venkatesh
Vs.
The State of Maharashtra and anr
Mr. Vaibhav Ravasaheb Patil and Mr. Ravasaheb Banu Patil, Advocate
for the applicants.
Mr. Nitin B. Patil APP for the State
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH 2026.
P.C.
1. The applicants seek regular bail in connection with C.R. No.
600/2025 dated 11/08/2025 registered with Shahupuri Police
Station, Kolhapur for offences punishable under Sections 305(a),
331(3), 317 read with 3(5) of Bhartiya Nyaya Sanhita, 2023
(corresponding to Section 380, 454, 411 r/w Sec. 34 of the Indian
Penal Code).
2. Prosecution case is that, on 11/08/2025, in the morning
hours, between 11.00 a.m. to 2.20 p.m., the applicants trespassed the
house by breaking open the doors armed with weapons and
Digitally
SAJAKALI
signed by
SAJAKALI
LIYAKAT
committed theft of Rs. 42,34,495/-. The accused came to be arrested
LIYAKAT JAMADAR
JAMADAR Date:
2026.03.18
20:06:36
+0530
and stolen articles were discovered at their instance.
Sajakali Jamadar
2
6-BA-243-2026 (CR).DOC
3. Learned counsel for the applicants submits that applicants
are innocent and have been falsely implicated in the present case
merely on suspicion. He further submits that version of complainant
indicates that there were three keys of the door of their house and
one key was handed over to one Mr. Mandhare and police has neither
made any inquiry with him nor with watchman. The F.I.R. does not
support with the receipts of stolen articles. The stolen ornaments are
recovered from co-accused and not from the present applicants. The
prosecution case is based on circumstantial evidence viz. CCTV
footage which is far away from the spot of incident. The alleged
invoked offences are triable by the Magistrate. Hence, prayed that
applicants be admitted to the bail.
4. Learned APP has opposed the application submitting that
the offence is serious in nature and the recovery is carried out at the
instance of applicants indicating their complicity. Hence, prayed for
rejection of the application.
5. Having heard learned counsel for the applicants and learned
APP, prima facie it indicates that there are no eye witnesses to the
alleged incident. However, the applicants are primarily apprehended
on the basis of a CCTV footage.
6. The applicants are young persons and are in custody for
Sajakali Jamadar
3
6-BA-243-2026 (CR).DOC
more than six months. Since the necessary recovery is carried out by
the investigating agency and given that there is only circumstantial
evidence against the applicants, particularly the CCTV footage whose
veracity and reliability can be dealt in detail during the trial, I am
inclined to exercise the discretion in favour of the applicants.
7. Hence, following order:
ORDER
I. The bail application is allowed.
II. Applicants, Venketesh Ramesh and Girish Venkatesh be
released on bail, on furnishing P.R. bond in the sum of
Rs.50,000/- each (Rs.Fifty Thousand each) with one or
two local solvent sureties, in the like amount, in
connection with C.R. No. 600/2025 dated 11/08/2025
registered with Shahupuri Police Station, Kolhapur for
offences punishable under Sections 305(a), 331(3), 317
read with 3(5) of Bhartiya Nyaya Sanhita, 2023
(corresponding to Section 380, 454, 411 r/w Sec. 34 of
the Indian Penal Code), on the following conditions :-
(a) The applicants shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
(b) The applicants shall attend the trial on each and
every date unless exempted by the trial Court.
(c) The applicants shall submit Aadhar and Pan Cards
to the Investigating Officer and detailed address and
phone numbers and two of the near relatives.
Sajakali Jamadar
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6-BA-243-2026 (CR).DOC
(d) In case of breach of any of the conditions by the
applicants, it is open for the Prosecution to move the
Trial Court seeking cancellation of bail.
8. Needless to state that the observations rendered herein are
to the extent of this application and the trial Court shall not be
influenced by the same.
(SACHIN S. DESHMUKH, J.)
Sajakali Jamadar
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