After Injured Neighbours Were Out Of Danger, Karnataka HC Grants Bail To Four Accused In Water-Tap Dispute Assault

In brief

The question

1. Whether the petitioners were entitled to regular bail in light of the nature and gravity of the alleged offences and the injuries sustained by the victims.

The court held

The Court allowed the petition and ordered the petitioners’ release on bail in Crime No. 185/2026, subject to conditions including non-interference with witnesses, regular attendance before the trial court, no involvement in similar or other offences, and execution of a personal bond of ₹2,00,000 each with two sureties for the like sum each.

It also directed

It stated that breach of the conditions would entitle the prosecution to seek cancellation of bail.

01Facts

The complainant alleged that, following a dispute over drawing water, the petitioners—her neighbours—formed an unlawful assembly and assaulted her husband, the complainant and their granddaughter. The complaint alleged that an axe and a chopper were used; the husband and another injured person sustained grievous injuries, while others sustained simple injuries.

pp. 3–4, 6

The petitioners were arrested and remanded to judicial custody. They sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after the investigation was completed and the charge sheet filed.

pp. 3–5

The State opposed bail, relying on the alleged use of weapons and the seriousness of the injuries.

p. 5

02Issues

i.1. Whether the petitioners were entitled to regular bail in light of the nature and gravity of the alleged offences and the injuries sustained by the victims.

pp. 5–8

ii.2. Whether the circumstances—including the parties’ status as neighbours, the victims’ discharge from hospital and their being out of danger—supported release on bail.

pp. 6–8

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure) empowers the High Court to grant regular bail.

p. 3

In exercising that power, the Court considered the nature and gravity of the alleged offences, the circumstances of the incident and the victims’ medical condition.

pp. 6–8

The order cites no precedent.

Provisions in the judgment · 15 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 Section 307 Section 109

Bharatiya Nyaya Sanhita, 2023 10 provisions

Section 189 Section 191 Section 329 Section 126 Section 115 Section 109 Section 352 Section 351 Section 118 Section 190

Indian Penal Code, 1860 Section 307

04Reasoning

The Court noted that the dispute arose between neighbours over drawing water and that, although some injuries were grievous, the injured persons had been discharged from hospital and were out of danger.

pp. 6–8

Considering these circumstances alongside the nature and gravity of the alleged offences, the Court concluded that the petitioners were entitled to bail.

p. 8