Karnataka High CourtCriminal LawCriminal Procedure and Evidence

Regular bail granted after investigation in a murder case based on circumstantial evidence.

CHETHAN MANDARA @ CHETHAN MANDARv.STATE OF KARNATAKA

Regular bail granted after investigation in a murder case based on circumstantial evidence.. CHETHAN MANDARA @ CHETHAN MANDAR vs STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

Whether the petitioners should be enlarged on regular bail pending trial for the charged offences.

The court held

The Court answered the bail question in the petitioners’ favour and allowed the criminal petitions.

It also directed

It directed that the petitioners be released on bail in SC No. 1242/2026, subject to executing personal bonds of ₹1,00,000 each with two sureties for the like sum, regularly attending trial, not threatening or tampering with prosecution witnesses, not committing similar offences, and not leaving the Trial Court’s jurisdiction without permission until disposal of the case.

01Facts

The petitioners, Accused Nos. 1–4, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 198/2026, registered by Yelahanka Police for offences under Sections 103, 3(5), 61 and 238 of the Bharatiya Nyaya Sanhita, 2023.

pp. 5–7

The prosecution alleged that the deceased, who was accused in a POCSO case involving Accused No. 1’s minor daughter, was murdered pursuant to a conspiracy and that his body was disposed of in a drain.

pp. 5–7

The case rested on circumstantial evidence.

pp. 5–7

The petitioners had been arrested and remanded to custody; the investigation was complete and the charge sheet had been filed.

pp. 5–7

Their bail applications before the Sessions Court were rejected, and the trial had not commenced.

pp. 5–7

02Issues

i.Whether the petitioners should be enlarged on regular bail pending trial for the charged offences.

pp. 5, 7–8

03Law Applied

The Court considered its power to grant regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

pp. 5, 7–8

It also considered the charged offences under Sections 103, 3(5), 61 and 238 of the Bharatiya Nyaya Sanhita, 2023.

pp. 5, 7–8

The order cites no precedent or further bail-test formulation; it notes that the prosecution’s circumstantial-evidence allegations must be proved at a full-fledged trial.

pp. 5, 7–8

Provisions in the judgment · 6 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 103Section 61Section 238Section 3

04Reasoning

The Court noted that the allegations arose from a circumstantial-evidence case and that the charge sheet had been filed, while the trial was yet to commence.

pp. 7–8

It treated the prosecution’s account—including the alleged motive, conspiracy and murder—as matters to be tested at trial, rather than as established facts at the bail stage.

pp. 7–8

In those circumstances, it concluded that bail was warranted, subject to conditions.

pp. 7–8

05Holding

The Court answered the bail question in the petitioners’ favour and allowed the criminal petitions.

pp. 8–9

It directed that the petitioners be released on bail in SC No. 1242/2026, subject to executing personal bonds of ₹1,00,000 each with two sureties for the like sum, regularly attending trial, not threatening or tampering with prosecution witnesses, not committing similar offences, and not leaving the Trial Court’s jurisdiction without permission until disposal of the case.

pp. 8–9
Karnataka High Court

Original Court PDF

CHETHAN MANDARA @ CHETHAN MANDARvsSTATE OF KARNATAKA

Karnataka High Court · October 12, 2026

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