Bombay High Court
KHALID AHAMAD KUNCHURversusTHE STATE OF GOA (AS REP. BY OFFICER IN CHARGE/POLICE INSPECTOR, VALPOI POLICE STATION
- Disposal
- Allowed
- Bench
- NEELA GOKHALE
Holding
The court granted anticipatory bail to the applicant, directing his release on bail with specified conditions.
Summary
The applicant, Khalid Ahamad Kunchur, sought anticipatory bail in connection with FIR No. 02 of 2026 for alleged theft of iron pipes under Sections 303(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (later amended). The prosecution alleged that the applicant supplied cutting material and received proceeds from the sale of the stolen pipes, while co‑accused had already been released on bail. The applicant contended he was ready to cooperate with the investigation and that custodial interrogation was unnecessary. The court noted that the co‑accused were on bail, the material was already attached, and the applicant was willing to appear for interrogation, concluding that custodial interrogation was not required. Accordingly, the court granted anticipatory bail, directing the applicant to furnish a bail bond of Rs.50,000, attend the police station regularly, and comply with several conditions, including not tampering with evidence or influencing witnesses.
Issues considered
- Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita, 2023.
- Whether custodial interrogation of the applicant is necessary in view of his willingness to cooperate.
- Whether the applicant’s alleged role as principal accused precludes the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 3(5), 61(2)
Subjects
- anticipatory bail
- theft
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
- investigation cooperation
Judgment
Andreza
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION (BAIL) NO. 03 OF 2026
Khalid Ahamad Kunchur … Applicant
Versus
The State of Goa, (As Rep By Officer in ...Respondent
Charge/Police Inspector Valpoi Police
Station)
Mr. James Lopes, Advocate for the Applicant.
Mr. Somnath Karpe, Additional Public Prosecutor for the
Respondent-State.
CORAM : DR. NEELA GOKHALE, J.
DATE : 4th March, 2026
P.C.
1. This is an application seeking anticipatory bail in connection
with FIR No. 02 of 2026 of Valpoi Police Station, North Goa, for
offences punishable under Sections 303(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (BNS 2023). Thereafter Section 3(5) of
BNS 2023 was deleted and Section 61(2) of the BNSS was added.
2. The case of the prosecution is as follows :
The Complainant is a Deputy Chief Security Officer of the
Vedanta Limited Company, at Dhabdhaba, Bicholim, Goa. According
to the Complainant, on 06.01.2026, at 18.00 hours, he received
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4th March, 2026
information from the Valpoi Police Station that while patrolling, they
noticed three male persons engaged in cutting iron pipes using a gas
cutter and other materials and also noticed a pick-up truck which is
parked in the area wherein cutting of iron pipe was in progress. The
Police also informed the Complainant that they caught one person red
handed while committing theft of the iron pipe at the Vedanta Mine
Property but the other two persons fled and the person who was
apprehended was Mr. Ibrahimsaheb Gausaab Guttal, of Pimplocotto,
Quepem, Goa. Upon further interrogation, the present Applicant was
implicated in the said offence and the FIR was registered.
3. The Applicant made an application seeking anticipatory bail in
the Court of the Additional Sessions Judge-I, North Goa, Mapusa.
However, by Order dated 17.02.2026, his anticipatory bail was rejected.
Hence, he is before this Court for the reliefs as prayed.
4. Mr. Lopes, learned Counsel appearing for the Applicant, states
that the co-accused who were caught from the spot and arrested, have
been enlarged on regular bail; the co-accused whose name was
revealed by one of the arrested accused has also been protected by an
Order of this Court passing his anticipatory bail application; that the
Applicant is ready and willing to join investigation and that the role of
the present Applicant is limited to having supplied the material used
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4th March, 2026
for cutting the pipes and taking the said pipes away. The said material
has already been attached. The Applicant is also accused of receiving
some amount from the sale proceeds of the stolen materials. He thus,
submits that there is no requirement of custodial interrogation as he is
ready and willing to join the investigation.
5. Mr. Karpe, learned Additional Public Prosecutor appearing for
the Respondent-State, on the other hand, submits that the Applicant is
the principal accused; he is the one who encouraged and provided the
material to commit the offence of taking away the pipes from the spot
and he has also received the money from the sale proceeds; the
Applicant has kept out of the way and not joined the investigation. At
this juncture, Mr. Lopes interjects and says that the Applicant has
never received any notice from the Police to join the investigation till
date. In any case, Mr. Karpe submits that there is requirement of his
custodial interrogation and that the application be rejected.
6. I have heard the learned Counsel appearing for the respective
parties and perused the records with their assistance.
7. Admittedly, the co-accused who were arrested at the spot are
enlarged on regular bail. The other co-accused whose name was
revealed by one of the arrested accused is also protected by an Order of
anticipatory bail passed by this Court. The present Applicant is ready
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4th March, 2026
and willing to join interrogation. The material allegedly supplied by
him for committing the said offence is already attached. In view of the
aforesaid, custodial interrogation of the Applicant is hence not
required. Hence, I pass the following Order:
ORDER
(a) In the event of arrest of the Applicant, Khalid Ahamad
Kunchur, in connection with C.R. No. 02 of 2026 registered with
the Valpoi Police Station, Goa, he is directed to be released on
bail, on furnishing P.R. Bond in the sum of Rs.50,000/- with
one or two solvent sureties in the like amount.
(b) The Applicant shall attend the concerned Police Station on
9th March 2026 between 10.00 a.m. and 2.00 p.m. on every
alternate day for atleast one week and thereafter as and when
required by the Investigating Officer till filing of the charge
sheet and he shall cooperate with the investigation.
(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and shall keep the
same updated, in case of any change thereto.
(d) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted with
the facts of the case so as to dissuade such a person from
disclosing the facts to the Court to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence
and shall not contact or influence the Complainant or any
witness in any manner.
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4th March, 2026
(f) The Applicant shall not leave India without prior permission
of the Court.
(g) In case, the Applicant violates the terms and conditions of
bail, including the undertaking, it would be open to the
prosecution to seek cancellation of bail.
8. The Anticipatory Bail Application is disposed of accordingly.
DR. NEELA GOKHALE, J
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4th March, 2026
Signed by: ANDREZA RODRIGUES
EPEREIRA
Designation: Senior Private Secretary
to the Hon'ble Judge
Date: 05/03/2026 12:34:22
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