Karnataka High CourtCriminal Procedure and EvidenceCriminal Law

Completed investigation and parity justified regular bail despite the accused’s criminal antecedents.

SRI KIRAN @ KONGAv.STATE OF KARNATAKA

Completed investigation and parity justified regular bail despite the accused’s criminal antecedents.. SRI KIRAN @ KONGA vs STATE OF KARNATAKA. Karnataka High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

Whether the petitioners should be enlarged on regular bail in the circumstances of the case, notwithstanding the allegations and their criminal antecedents

The court held

The petitions were allowed, and the petitioners were ordered to be released on bail in S.C. No. 812/2026.

It also directed

Conditions included a personal bond of ₹1,00,000 each with two sureties for the like sum; regular attendance at trial; no threat to or tampering with prosecution witnesses; no involvement in similar offences; no leaving the trial court’s jurisdiction without permission; and monthly attendance at the Byatarayanapura Police Station for one year.

01Facts

The petitioners, Accused Nos. 1–3 in S.C. No. 812/2026, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after their applications were rejected by the Sessions Court.

pp. 3–6

The case arose from an incident in which, according to the prosecution, Accused No. 2 assaulted two persons with a hockey stick and Accused Nos. 1–4 assaulted the injured informant, CW1, with a knife.

pp. 3–6

CW1 sustained seven injuries, including two certified as grievous.

pp. 3–6

The petitioners had been arrested between 25 and 28 March 2026; the investigation was complete and the charge sheet had been filed.

pp. 3–6

Accused No. 4 had already been granted bail.

pp. 3–6

The petitioners were aged between 20 and 23 and had criminal antecedents.

pp. 3–6

02Issues

i.Whether the petitioners should be enlarged on regular bail in the circumstances of the case, notwithstanding the allegations and their criminal antecedents

pp. 4–6

ii.Whether bail should be subject to conditions to secure the petitioners’ attendance and protect the prosecution process

pp. 6–7

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant regular bail.

p. 3

The Court’s decision reflects an assessment of the case circumstances, including the nature of the allegations and injuries, the status of the investigation, parity with a co-accused already granted bail, and the petitioners’ antecedents; it did not cite any precedent or set out a separate doctrinal test.

pp. 5–6

Provisions in the judgment · 8 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 112Section 111Section 109Section 352Section 351Section 190

04Reasoning

The Court considered the alleged armed assault and the petitioners’ criminal antecedents, but also noted that the injured victim had been discharged and was stable, that only two of the seven injuries were classified as grievous, and that the investigation was complete and the charge sheet filed.

pp. 5–7

It further took account of Accused No. 4’s grant of bail and the petitioners’ young ages.

pp. 5–7

On balance, the Court concluded that bail was warranted, subject to conditions addressing attendance, witness interference, further offending, travel, and periodic reporting to the police.

pp. 5–7

05Holding

The petitions were allowed, and the petitioners were ordered to be released on bail in S.C. No. 812/2026.

pp. 6–7

Conditions included a personal bond of ₹1,00,000 each with two sureties for the like sum; regular attendance at trial; no threat to or tampering with prosecution witnesses; no involvement in similar offences; no leaving the trial court’s jurisdiction without permission; and monthly attendance at the Byatarayanapura Police Station for one year.

pp. 6–7
Karnataka High Court

Original Court PDF

SRI KIRAN @ KONGAvsSTATE OF KARNATAKA

Karnataka High Court · October 14, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment