Karnataka HC Grants Bail To Two Murder-Case Accused Not Named In FIR, Citing Eyewitness Statement Recorded After Their Arrest

The petitioners, arrayed as accused Nos. 5 and 6, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a murder case registered at Melukote Police Station and pending as S.C. No. 5017 of 2026.

The FIR, based on information given by the deceased’s brother, alleged that the deceased was assaulted and killed after a car struck the two-wheeler on which he was travelling.

The petitioners were not named in the FIR and were arrested during the investigation on 17 December 2025.

The charge sheet was filed against six persons; the alleged eyewitness’s statement naming the petitioners was recorded after their arrest, while another witness had not identified any assailant.

The Court also noted that accused Nos. 7 and 8, and the alleged supplier of the weapons, had been granted bail.

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision invoked for the High Court’s regular-bail jurisdiction.

The prosecution arose under Sections 61(2)(a), 103(2), 238(a), 45(c), 55 and 239, read with Section 3(5), of the Bharatiya Nyaya Sanhita, 2023.

The order states no separate test for bail and cites no precedent; it assesses the case circumstances and makes release subject to conditions.

The Court considered that the petitioners were not named in the FIR and that the eyewitness’s statement implicating them was recorded only after their arrest.

It also noted that the earlier-recorded statement of another witness did not name the petitioners or any assailant, and that other accused, including persons alleged to have participated in the incident or supplied weapons, had received bail.

On these circumstances, the Court concluded that the petitioners’ request for regular bail should be granted, subject to conditions.

Each petitioner was required to execute a personal bond of ₹1,00,000 with two sureties for the like sum, attend hearings unless excused, refrain from threatening or tampering with prosecution witnesses and from similar offences, and not leave the trial court’s jurisdiction without permission until disposal of the case.