An accused with no antecedents may be granted bail on parity with similarly implicated co-accused.

The petitioner, accused No. 9, was charged in Special C.C. No. 1704/2025 with offences under the Bharatiya Nyaya Sanhita, 2023, the NDPS Act, the Information Technology Act, the Arms Act and the Karnataka Control of Organised Crimes Act.

The prosecution alleged that he, a former driver of the victim, provided information about the victim’s whereabouts to other accused and later received ₹10,000 from money taken from the victim.

The petitioner had been in custody since 27 February 2025; the trial had not commenced, and his application for bail before the Sessions Court had been rejected.

He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

1. Whether the petitioner should be granted regular bail, having regard to the bail granted to co-accused against whom similar allegations were made.

2. Whether the petitioner’s custody, lack of criminal antecedents and the fact that trial had not commenced supported release on bail.

The Court considered the petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the basis for the High Court’s consideration of regular bail.

In deciding the application, the Court considered parity with co-accused, the petitioner’s criminal antecedents, the period of custody and the stage of trial.

No precedent was cited.

The Court noted that the petitioner was not named in the FIR, although the charge sheet alleged that he supplied information facilitating the kidnapping and received ₹10,000 from the proceeds.

It gave weight to the undisputed fact that co-accused facing similar allegations had been granted bail, and observed that those co-accused had criminal antecedents while the petitioner did not.

The petitioner had also been in custody for more than one year and six months, with trial yet to commence.

In the circumstances, the Court considered regular bail appropriate, subject to conditions.

Bail was subject to a personal bond of ₹1,00,000 with two sureties for the like sum; regular attendance before the trial court; non-interference with prosecution witnesses; refraining from similar offences; and not leaving the trial court’s jurisdiction without permission until disposal of the case.