In a significant legal development involving a high-stakes robbery and police impersonation case, a Bengaluru City Civil and Sessions Court has granted bail to Vasanth Kumar T. alias Boda, who was arrayed as Accused No. 6. The order, delivered on April 6, 2024, by Sri Shriram Narayan Hegde, the LV Additional City Civil and Sessions Judge, marks a critical turn in the proceedings surrounding the Nagasandra robbery case where gold and cash worth 85 lakh rupees were looted.

The case, registered at the Peenya Police Station under Crime Number 505/2023, involves a complex web of charges including criminal conspiracy, impersonation, and dacoity. The petitioner, Vasanth Kumar, a 38-year-old resident of Mathikere, had been in judicial custody since his arrest following the daring heist in December 2023.

The Bold Heist: Police Uniforms and Deadly Weapons

The prosecution’s case dates back to the evening of December 4, 2023. At approximately 7:30 p.m., the complainant, Rupesh M., was at his residence in Nagasandra when the calling bell rang. Upon opening the door, he was confronted by two individuals dressed in police uniforms who claimed they needed to speak with him.

The situation escalated instantly as five other individuals suddenly barged into the house. The group brandished deadly weapons and physically assaulted Rupesh and his mother. During the violent encounter, the assailants robbed 60 lakh rupees in cash and gold ornaments valued at 25 lakh rupees, bringing the total value of the stolen property to 85 lakh rupees.

Following a detailed investigation, the police filed a charge sheet citing various sections of the Indian Penal Code, 1860, and the Arms Act, 1959. The charges included:

• Section 120(B) of the Indian Penal Code: Punishment of criminal conspiracy.
• Section 419 of the Indian Penal Code: Punishment for cheating by personation.
• Section 395 of the Indian Penal Code: Punishment for dacoity.
• Section 397 of the Indian Penal Code: Robbery, or dacoity, with attempt to cause death or grievous hurt.
• Section 201 of the Indian Penal Code: Causing disappearance of evidence of offence.
• Section 25(1)(B)(b) of the Arms Act: Related to the possession of prohibited arms or ammunition.

Grounds for Bail: Parity and Completion of Investigation

The legal counsel for Vasanth Kumar argued for his release on several grounds. It was contended that the petitioner was an innocent individual falsely implicated in the crime and that his name did not appear in the initial First Information Report (FIR) or the complaint. The defense highlighted that the primary allegations were directed toward Accused No. 3, a relative of the complainant.

Crucially, the defense pointed out that the investigation was already complete and the charge sheet had been submitted to the court. They also emphasized that the High Court of Karnataka had already granted bail to Accused No. 3 in February 2024, and the Sessions Court had granted bail to three other co-accused. Consequently, the petitioner sought bail on the “ground of parity,” arguing that since similarly situated accused persons were released, he should be entitled to the same.

The prosecution strongly opposed the application, suggesting that Vasanth Kumar might abscond or tamper with witnesses if released. However, the court noted that the petitioner is a permanent resident of Bengaluru with no prior criminal antecedents.

The Court’s Ruling and Stringent Conditions

After hearing arguments from both the Public Prosecutor and the counsel for the defacto complainant, Judge Shriram Narayan Hegde ruled in favor of the petitioner. The court observed that since the investigation was concluded and several co-accused were already on bail, the petitioner was entitled to relief under the principle of parity.

The court allowed the petition under Section 439 of the Code of Criminal Procedure, 1973, which grants special powers to the High Court or Sessions Court regarding bail. To safeguard the interests of the prosecution, the court imposed several strict conditions for the release of Vasanth Kumar alias Boda:

1. Bond and Sureties: The accused must execute a personal bond of 2 lakh rupees with two sureties for the same amount before the Magistrate.
2. Witness Protection: He is strictly prohibited from tampering with any prosecution witnesses.
3. Jurisdictional Restrictions: He must not leave the jurisdiction of the court without prior permission until the disposal of the case.
4. Court Attendance: He must be regular in attending all court proceedings and cooperate with the expeditious disposal of the case.
5. Address Verification: He must furnish his correct address and immediately report any changes.
6. Conduct: He must not involve himself in any further criminal activities.

The court concluded by stating that the prosecution remains at liberty to move for the cancellation of bail if any of these conditions are violated. This order provides a significant reprieve for Vasanth Kumar while the trial for the multi-lakh robbery continues.