Bengaluru HC Bails Murder Accused After Eyewitnesses Say Brother Stabbed Victim And He Hit Witness By Hand

The petitioner, arrayed as Accused No. 1, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) in a case registered under Sections 103(1), 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that, following an altercation near a food outlet, the petitioner assaulted CW.2 with his hands, while his brother, Accused No. 2, arrived with a knife and stabbed CW.2 and the deceased, Shashi Kumar; the deceased later died from a stab injury to the neck.

The eyewitness statements attributed the knife assaults to Accused No. 2, while the allegation against the petitioner was limited to assaulting CW.2 with his hands.

The petitioner had no other criminal antecedents. His bail application before the Sessions Court had been rejected, and the charge sheet had been filed.

Section 483 of the BNSS provides the procedural basis for the High Court to consider a regular-bail application.

The alleged offences were punishable under Sections 103(1), 109 and 3(5) of the BNS.

The order cites no precedent or further express bail doctrine; the Court’s stated basis for decision was its assessment of the petitioner’s individual role, the eyewitness accounts, the postmortem findings and the absence of criminal antecedents.

The Court distinguished the petitioner’s alleged conduct from that of Accused No. 2. The eyewitness statements attributed the knife assaults to Accused No. 2, and the fatal neck injury corresponded to the knife assault attributed to him; the allegation against the petitioner was that he assaulted CW.2 with his hands.

Considering this limited alleged role and the petitioner’s lack of criminal antecedents, the Court concluded that the application for regular bail should be allowed, subject to conditions.