Anil Tamburi Thr. His Wife Anitha Tamboori, Presently Lodged In Judl. Custody Colvale v. State Of Goa, Thr. The Police Inspector And ANR

2025:BHC-GOA:1532 Meena

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (BAIL) NO.55 OF 2025 Mr. Anil Tamburi, S/o. Jamalappa Tamburi, 26 years of age, married, R/o. Attikatti, Gadag, Karnataka - 582103 and through his wife Mrs. Anitha Tamboori, R/O. Gadag, Karnataka; .. Applicant.

(Presently lodged in Judicial Custody, Colvale Central Jail, Goa).

...Applicant V/s.

1) State of Goa hrough the Police Inspector, Colva Police Station, Colva- Goa

2) State of Goa represented by, he Public Prosecutor, High Court of Bombay at Goa Porvorim, Goa

...Respondents

Mr.Yash Naik, Advocates for the Applicant.

Mr. Somnath Karpe, Additional Public Prosecutor for Respondent Nos.1 and 2.

CORAM

: VALMIKI MENEZES, J.

RESERVED ON : 18th AUGUST, 2025 PRONOUNCED ON : 19th AUGUST, 2025

ORDER:

1.

his is an application for bail iled by the Applicant who is arrayed as Accused No.2 in the chargesheet No.71 of 2024 dated 06.12.2024, in which another four accused are also charged in Crime No. 79/2024, under Sections 329(3), 115(2), 303(2) r/w. 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS, for short) based on a Complaint dated 17.08.2024 by one Nikhil Kale, lodged at the Colva Police Station. 2.

It is the case of the Applicant that he was arrested on 24.09.2024 based on a false Complaint. he Applicant states that the alleged recovery of the shuttering plates and reinforcement steel is done and investigation pertaining to him is complete. It is further stated that Chargesheet has been iled and therefore no purpose will be served by keeping the Applicant in custody and incarcerating him any further. 3.

According to the complaint iled by one Nikhil Kale, Supervisor of a construction company, ive unknown persons came on the intervening night of 14.08.2024 and 15.08.2024 to one of its companies' construction site at the Bypass road at Seraulim, in two vehicles whose numbers are recorded in the complaint; the unknown assailants committed robbery of 10 shuttering plates and some reinforcement steel used in construction of the Western Bypass, by loading them in these vehicles. he complaint records that when the assailants were questioned by the Complainant, one of them assaulted the Supervisor Prakash and Mithilesh and then led with

the material from the site which was valued approximately Rs.1,00,000/-. he FIR was lodged on 18.08.2024.

4.

It is the case of the Prosecution that Accused No.1, 3, 4 and 5 were arrested in connection with another case of dacoity committed by them under Crime No.61 /2024 registered at Pernem Police Station, for a similar ofence of committing dacoity of steel shutters, construction site on the national high way at Pernem. It is during the interrogation of these 4 accused that a disclosure was made that they were involved in the present crime and they committed the present dacoity along with the applicant i.e. Accused No.2, who at the relevant time was residing at Charao. It is further the case of the State that based on the phone records of Accused No.1 the phone number of the Applicant was traced and CDR records revealed that he had proceeded to Karnataka. Keeping track of the phone of the Applicant, the Applicant was arrested when he returned to his residence at Chorao. After his arrest, the prosecution claims that the recovery was efected in terms of Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 and the shutters were recovered from a site at Merces. 5.

he Applicant submits that the accused No.1- Mr. Salimsab Hanabarakadabi was granted bail by the Sessions Court vide order dated 15.10.2024 and claims release on the grounds of parity. he Applicant further submitted that the Sessions Court dismissed his bail Application on 15.10.2024 only on the sole ground that there was possibility of the Applicant jumping the bail as he had no documents to show his

permanent residential address. he Applicant thereafter iled a bail Application before this Court and same was withdrawn to ile a fresh application before the Trial Court. he Applicant iled the bail Application before the Additional Sessions Judge at Margao and same was dismissed vide order dated 12.12.2024 on the same count of lack of documents to substantiate identity.

6.

he Applicant in his present bail application stated that he is an Indian national and residing at the given address along with his mother, wife and children and therefore not likely to abscond. he Applicant further stated that he had applied for an Aadhaar card and in absence of his Aadhaar card he wished to submit the Aadhaar cards of his mother and his wife for the purpose of veriication of his address in Gadag, Karnataka. he Applicant submits that he is willing to abide by any terms and conditions this Court may impose upon him and undertakes to furnish surety to the satisfaction of this Court.

7.

During the hearing of this application, under orders of this Court the Applicant has iled an online application for Aadhar card through the Superintendent of Central jail Colvale, and has uploaded his application bearing acknowledgment number 2076/20232/00009, on 19.02.2025. In his application, he submitted his address to be, C/o Jumlappa Tamboori, Village Gadag, Dist. Gadag, State Karnataka Pin Code 582101. he application for issuing an Aadhaar card was rejected thrice for failure of veriication. However, additional documents consisting of Electricity Bill,

Transfer Certiicate of the Applicant from his school, Ration Card of the parents were submitted on 15.04.2025 to substantiate his correct place of abode in Karnataka. hereafter, the Applicant has submitted on 18.06.2025 his Election Card along with the Aadhaar Card of his wife Anita and mother Shroja in which the address and place of residence of the wife and mother are the same as the one shown in the Election Card of the Applicant.

8.

Shri S. Karpe, Learned Additional Public Prosecutor for the State submits that the ofence committed by the Applicant is of serious nature and the modus operandi used is of targeting government projects, leading to loss of exchequers and that his presence is required as other accused persons are absconding. He further submits that the Applicant does not have permanent residence in Goa nor has he provided any identity proof or documentary evidence. According to the Learned Additional Public Prosecutor, the Aadhar enrolment of the Applicant was rejected due to failure in veriication.

9.

Chargesheet has been iled in the present matter on 06.12.2024. he trial is yet to commence, and in fact charge has not been framed till date. he Application has been in custody since 24.09.2024. he only reason given by the learned Sessions Court for rejecting the Applicant's bail on two occasions was that the Applicant had no proof of identity and documents to prove his place of abode. he Applicant originally hails from the State of Karnataka, where, according to the documents

produced, he is a permanent resident of Attikatti, Gadag, Karnataka, 582103. his does not appear to be in doubt because the documents of his mother and wife which have produced before me contains the same address.

10.

he Applicant has been residing at Chorao village for about two years prior to the incident with his wife and minor children who go to school. After the incident, the wife of the Applicant had iled documents to state that she along with her children and mother of the Applicant had been residing at St. Cruz village, in North Goa from where the children attend School. Records to this efect have been produced, in the form of the Aadhar Cards of the owner of the residence which has been let out to the Applicant's wife. he Applicant's wife has also made a statement that the Tenant Veriication Form has been submitted to the Police Station, as proof of their residence at the new address.

11.

hereafter the Applicant's wife has iled an Aidavit on 12.08.2025, placing on record the Aadhar cards of herself and of the Applicant/Accused along with a copy of the lease agreement to place on record the new address which is House No.21/280, situated at Bela Vista Colony, Donapaula, Tiswadi, North Goa, where she, along with the Applicant will be residing henceforth.

12.

Accused No.1 was granted bail by the Sessions Court on 15.10.2024 in this crime, notwithstanding the fact that he was also involved in the similar crime on 12.08.2024 at Pernem Police Station.

here is no Hurt Certiicate relied upon in the chargesheet of the witness who claimed they were assaulted nor is there a Test Identiication Parade conducted to establish the identity of the Applicant during the incident. he weapon allegedly used by the assailants (iron rods) which is referred to by the witness has also not been recovered. he incident is alleged that taken place at the intervening night of 14.08.2024 and 15.08.2024 while the complaint has been made on 17.08.2024 without explaining the delay of three days in lodging the complaint. 13.

For reasons stated above, the application of the Accused for bail is granted on the following conditions:

(a) he Applicant shall be released on bail in Crime No. 79/2024 registered at Colva Police Station on executing a Bail Bond of Rs.25,000/- (Rupees Twenty Five housand only) with one local surety in the like amount, to be executed before Sessions Court South Goa Margao .

(b) he Accused/Applicant shall furnish to the Investigating Oicer a copy of his Aadhaar card, full residential address, email ID and his mobile phone number, which shall be kept functional and on at all times to enable the Investigating Oicer to contact him; in addition the Applicant shall report to the Colva Police Station once in a month on a irst Saturday between 11.00 am to 1.00 p.m commencing from 06.09.2025 till further orders.

(c) he Applicant shall not interfere with any of the witnesses or attempt to contact them by himself or through any of his agents or tamper with the evidence.

(d) he Applicant shall continue to reside at the address furnished by him, at Dona Paula, Tiswadi Goa and shall not change his place of residence without informing the court of the same. he Applicant shall not travel outside the State of Goa without permission of the Sessions Court South Goa Margao. In addition, the Applicant shall deposit any valid Passport in his possession with the Sessions Court South Goa Margao until disposal of the Sessions Case.

(e) he Applicant shall attend the Trial Court on every date of hearing unless exempted by the Trial Court.

(f) he Accused/Applicant shall present himself before the Colva Police Station as and when the Investigating Oicer directs him to remain present for any investigation and for a period of one week from today shall report every day to the P.I. Colva Police Station between 10:00AM and 12:00PM (g) he application stands disposed of in the above terms. (h) All concerned to act on an authenticated copy of this order. VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 19/08/2025 13:15:18