Venketesh Ramesh v. The State Of Maharashtra And ANR.

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 signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.03.18 20:06:36 +0530 committed theft of Rs. 42,34,495/-. The accused came to be arrested SAJAKALI LIYAKAT JAMADAR and stolen articles were discovered at their instance.

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

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:

O R D E R

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.

(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.)