Tanay Subray Candolkar, Presently In Judl. Custody At Central Jail, Thr. His Sister Purnima v. State, Thr. Porvorim Police Station And ANR

2025:BHC-GOA:1427 Meena

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (BAIL) NO.46 OF 2025.

Mr. Tanay Subray Candolkar s/o Mr. Subray Candolkar 29 years of age, Business, RIO H.No. 524, Vaddy, Candolim, North Goa, Goa- 403515 Presently in judicial custody At Central jail, Colvale, Goa.

(hrough his Sister Ms Purnima Subray Candolkar, Age 30 years, Since the Applicant is in Judicial Custody, Central Jail, Colvale) .....

Applicant

Versus

1. State hrough Porvorim Police Station, Porvorim, Goa.

2. Public Prosecutor, District Court, Panaji Goa.

...

Respondents Mr. Raviraj Chodankar, Advocate for the Applicant. Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondents No.1 and 2.

CORAM:- VALMIKI MENEZES, J.

DATED :- 5th August, 2025 P. C.:

1.

he Registry to waive objections and register the matter.

2.

his is an application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). he applicant/accused no.2 in FIR /Crime bearing No.47/2024 registered on 16.04.2024 at the Porvorim Police Station. he Applicant was arrested on 17.04.2024. he main ground on which this application is iled is on a claim of parity that Accused No.6 was granted bail by this Court on 02.05.2025. he applicant claims that he has practically no role to pay in the commission of the crime, and he stands on the same footing as Accused No.6 who has been released on bail.

3.

It is the prosecution's case that after the FIR was registered, 12 individuals who are accused in a case are being arrested on diferent dates. After completion of investigation a chargesheet bearing No.61/2024 was iled on 12.07.2024, against these accused, including applicant herein, for ofences punishable under Sections 143, 147, 342, 365, 392, 201, and 302 read with Section 149 of the Indian Penal Code, 1860. he case is pending before the Sessions Court at Panaji and has been now listed for hearing the Accused before framing of charge. he case bears Sessions Case No.8/2024.

4.

From the reading of the chargesheet, it is the case of the prosecution that at approximately 02:00 hours, on 16.04.2024, while LPSI Laureen Sequeira was on patrolling duty, she received an intimation from the another patrolling vehicle, reporting that an unidentiied male person was found lying in an unconscious state in the vicinity of Audit Bhavan, Savlem, Pilerne. he said individual was thereafter transported

to the District Hospital, Mapusa, by ambulance and at around 04:02 hours on the night of 16.04.2024, the individual was declared brought dead by the Medical Oicer on duty and a case of unnatural death was registered. After enquiry was conducted by the Investigating Oicer the body of the deceased was identiied, complaint came to be lodged by the brother of the deceased against unknown persons; on further investigation, according to the prosecution 12 accused persons, including the applicant i.e. accused no.2 was arrested. he post mortem report conducted on the deceased reveals injuries on the legs, back, hands and chest of the deceased, wounds were found on both his palms. he post mortem report also noticed fractures on the left side sixth and seventh ribs and fractures with separation of the C1-C2 cervical vertebrae of the neck and the cause of death is opined by the Medical Oicer was due to crushing damage of the spinal cord as a result of fracture dislocation of the C1-C2 cervical vertebrae consequent to rotational torsion of the head, which is necessarily fatal in a person. 5.

During the investigation, statements of a witness Megha came to be recorded, alleging that the deceased made advances towards her which she refuted stating she had a boyfriend; later on the night of 15.04.2024 she had seen, a big built male person with a beard having dark complexion running after the deceased near a park on Chogam Road. She had also stated that along with this person another male person was also seen, , who snatched the phone from the deceased forcibly, and after overpowering him the said two persons were joined by accused no.5 (Suman) and the accused No.6 (Sachin). his witness further states that

she saw four boys namely Anand, Santosh, Bidesh and Nilesh, who reside in Mapusa and she got scared seeing so many boys rushing towards the deceased Rehbar, she left from the spot and went back home. 6.

After arrest of the 12 accused, Megha has, in Test Identiication Parade held on 14.06.2024, almost two months after the Accused were arrested identiied Accused Nos.2 (Applicant), 3, 5 and (by name). A statement of another witness, one Ritik Naik was recorded on 18.04.2024 records that he knows the present applicant and Accused No.3 Khatesh, and that on the night of 15.04.2024 at around 22.15 hrs. he had gone with Sandesh (accused no.11) to Pilerne, when he received a call from the present Applicant who called them to a place near Ganesh Temple at Candolim where other accused i.e. Tanay and Sandesh (accused no.11) were waiting on scooters. hey followed the Accused on scooter and reached at open ield at Guirim/Mapusa where they noticed a black colour Hyundai Creta car and some two wheelers in the ield, where accused no.

1 (Vikas) got down from the car and pulled out one male person from the car and started assaulting him. After which Khatesh (accused no.3) assaulted that person. his witness further stated that accused no.1 and accused no.3 continuously assaulted that person when the witness left from the spot with Sandesh (accused no.11). It was further recorded in witness statement that later on he was told by Sandesh (accused no.11) that the person who was being assaulted was Rehbar Khan.

7.

During the pendency of the said criminal proceedings before the Sessions Court, accused Nos.4, 7, and 8 have been granted bail on 23.09.2024 whist Accused No. 9 was granted bail on 08.08.2024, and accused Nos. 10 and 11 were granted bail on 18.09.2024. Accused No. 1, who is alleged to be the principal accused, continues to be in judicial custody. On reading of the statement of witnesses Megha and Ritik, other than identifying the present Accused/Applicant running after the Rehbar Khan at Porvorim, and identifying the Applicant in the T.I. Parade, prima facie, there does not appear any direct material to implicate the applicant as one of the persons assaulted the deceased Rehbar Khan in the paddy ield of Girim.

hough there my be some references made to establish the presence of the Accused at the time of the assault took place, the role of this Accused/Applicant in the assault on Rehbar Khan would have to be established through evidence at the trial. he Accused No.6, has been released on bail on similar grounds, where there is direct involvement in the assault has not been prima facie establish.

8.

here is no doubt that the ofence of which the Applicant is charged along with the 11 other persons is a heinous ofence, and the injuries on the body of the deceased clearly suggests that the death of these deceased was directly connected to the assault referred by one of the witnesses, the role of the applicant would nevertheless have to be established at the trial.

9.

he applicant has been in custody since 17.04.2024. He is an underage, being aged 30 years, the reply of the Investigating Oicer does not suggest that the Applicant has any criminal antecedents or record or that he has been involved in any other ofence. Prior to the present application, the Applicant had applied for being released on three occasions for attending the delivery of his wife and thereafter for attending the cremation ceremony of his mother and for attending rituals connected with his mother's demise. here is no adverse report of the Investigating Authorities of any incident at the behest of the Applicant during his release on those three occasions.

10.

From the record, it is noted that the Applicant is a permanent resident of Candolim, Bardez, Goa. He is married and has a child who resides at this residence along with his sister. he reply of the Investigating Oicer also does not suggest that there is no serious risk if the Applicant is released on bail.

11.

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

(i) he Applicant has furnished a cash surety of Rs. 50,000/- by receipt No. 017436 dated 03.09.2024 before the Sessions Court. All that the Applicant is now required is to execute a fresh PR bond. he Sessions Court shall not insist upon any further surety amount being tendered by the Respondent and shall treat the surety amount earlier deposited by case as surety on compliance of the present order. All that the Accused is

now required to do is to execute a fresh PR bond of Rs.50,000/-.

(ii) he Accused/Applicant shall furnish to the Sessions Court and 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;

(iii) he Accused/Applicant shall not interfere with any of the witnesses or attempt to contact them by himself or through any of his associates. He 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 him from disclosing these facts to the Court.

(iv) he Applicant shall not leave the State of Goa without permission of the Sessions Court; If the Applicant possesses a passport he shall surrender the same and deposit such passport before the Sessions Court conducting the trial. (v) he Accused/Applicant shall continue to reside at the address furnished by him, at Candolim and shall not change his place of residence without informing the Sessions Court at Panaji of the same.

(vi) he Accused/Applicant shall continue to attend hearings of Sessions Case No.(302) 8/2024 unless exempted from appearing on any date of hearing; He shall not fail to appear before the Sessions Court if so directed by that Court. 11.

he application stands disposed of in the above terms. 12.

All concerned to act on an authenticated copy of this order. VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 05/08/2025 19:08:37