01Facts
The petitioner, Accused No. 2, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a split-up case arising from Crime No. 105 of 2014.
p. 3The prosecution alleged that the accused threatened two persons and committed dacoity of iron rods worth approximately ₹7,00,000
pp. 3–4The petitioner had previously been granted regular bail but failed to appear before the committal court after the charge sheet was filed.
p. 3His presence was secured on 1 August 2026, when he was remanded to judicial custody; the Sessions Court subsequently rejected his bail application
p. 3The petitioner submitted that he had no other criminal antecedents and that witnesses in the case against the other accused had turned hostile.
pp. 4–502Issues
i.1. Whether the petitioner should be granted regular bail after being taken into custody for failing to appear in court following an earlier grant of bail
pp. 3, 5–6ii.2. Whether bail should be granted subject to conditions securing the petitioner’s attendance and protecting the proceedings
pp. 6–703Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of the petitioner’s application for regular bail.
p. 2The alleged offences were punishable under Sections 342 and 395 of the Indian Penal Code, 1860.
p. 2The Court applied no cited precedent; it considered the petitioner’s prior grant of bail on the merits, his subsequent non-appearance, and the need to impose conditions to ensure attendance and prevent interference with the prosecution.
pp. 5–7Provisions in the judgment · 4 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 439
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Indian Penal Code, 1860 Section 342Section 395
04Reasoning
The Court noted that the petitioner had previously been granted bail on the merits and that his later custody arose from his failure to appear in court, rather than a fresh determination against bail on the merits.
p. 5Although the petitioner had defaulted in attending court, the Court considered that he had been sufficiently punished for that mistake and concluded that continued detention was not warranted.
pp. 5–6It therefore granted bail subject to conditions requiring attendance at trial, non-interference with witnesses, and regular reporting to the police.
pp. 6–705Holding
The Court allowed the petition and ordered the petitioner’s release on bail in C.C. No. 8169 of 2021, subject to a personal bond of ₹1,00,000 with two sureties for the like sum and conditions governing court attendance, conduct, travel, police reporting, and disclosure of address and mobile number.
pp. 6–7Original Court PDF
AYUB BAIG MUSAFIvsTHE STATE OF KARNATAKA
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