Created by Fuzzy Cloud

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

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
                                                4
                                                                  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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.