01Facts
The petitions arose from a case and counter-case registered by Amruthur Police Station following a confrontation between parties who had existing civil disputes.
¶ 2Crime No. 138/2026 alleged offences under Sections 76, 115(2), 119(1), and 351(2), read with Section 3(5), of the Bharatiya Nyaya Sanhita, 2023 (BNS); the two petitioners in that case had been arrested, and their regular-bail application was rejected by the Sessions Court.
¶ 2–3Crime No. 139/2026 alleged offences under Sections 115(2), 118(1), 74, 119(1), 352, and 351(2), read with Section 3(5), BNS; the petitioners in that case sought anticipatory bail after their application was rejected by the Sessions Court.
¶ 4The High Court noted that the injured persons had suffered only simple injuries and that the accused undertook to cooperate with the investigation.
¶ 5–602Issues
i.Whether the petitioners in Crime No. 138/2026 should be enlarged on regular bail, having regard to the allegations, injuries, and circumstances of the incident.
¶ 5–7ii.Whether the petitioners in Crime No. 139/2026 should be granted anticipatory bail on the same considerations.
¶ 5–6, 803Law Applied
The Court considered the regular-bail petition under Section 439 of the Code of Criminal Procedure, 1973, stated in the petition to be filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the anticipatory-bail petition under Section 438 CrPC, stated to be filed under Section 482 BNSS.
¶ 3–4The alleged offences were under the specified provisions of the BNS.
¶ 3–4The order cites no precedent or extended legal test; it exercises bail discretion by considering the nature of the allegations, the background of the case and counter-case, the severity of the injuries, and the accused persons’ undertaking to cooperate with the investigation.
¶ 5–6Provisions in the judgment · 12 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 438Section 439
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482Section 483
Bharatiya Nyaya Sanhita, 2023 Section 3Section 74Section 76Section 115Section 118Section 119Section 351Section 352
04Reasoning
The Court viewed the allegations in the context of a confrontation between parties with civil disputes and considered that both cases arose from the same incident.
¶ 1–2, 5It found that none of the injured persons had sustained grievous injuries and that the injuries were simple; it also noted the accused persons’ undertaking to cooperate with the police.
¶ 5Having regard to those circumstances and the nature of the allegations, the Court concluded that bail was warranted in both proceedings.
¶ 605Holding
Both petitions were allowed.
¶ 7The two petitioners in Crime No. 138/2026 were granted regular bail, subject to personal bonds of ₹1,00,000 each with two sureties, attendance at trial, non-interference with prosecution witnesses, refraining from similar offences, and not leaving the trial court’s jurisdiction without permission.
¶ 7The petitioners in Crime No. 139/2026 were granted anticipatory bail, subject to appearing before the Investigating Officer within 15 days, executing personal bonds of ₹1,00,000 each with two sureties, attending trial, cooperating with the investigation, not tampering with witnesses, and refraining from similar offences.
¶ 8Original Court PDF
HARISH T.M.vsTHE STATE OF KARNATAKA
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