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. 5–7The 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. 5–7The case rested on circumstantial evidence.
pp. 5–7The petitioners had been arrested and remanded to custody; the investigation was complete and the charge sheet had been filed.
pp. 5–7Their bail applications before the Sessions Court were rejected, and the trial had not commenced.
pp. 5–702Issues
i.Whether the petitioners should be enlarged on regular bail pending trial for the charged offences.
pp. 5, 7–803Law Applied
The Court considered its power to grant regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
pp. 5, 7–8It also considered the charged offences under Sections 103, 3(5), 61 and 238 of the Bharatiya Nyaya Sanhita, 2023.
pp. 5, 7–8The 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, 7–8Provisions 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. 7–8It 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. 7–8In those circumstances, it concluded that bail was warranted, subject to conditions.
pp. 7–805Holding
The Court answered the bail question in the petitioners’ favour and allowed the criminal petitions.
pp. 8–9It 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. 8–9Original Court PDF
CHETHAN MANDARA @ CHETHAN MANDARvsSTATE OF KARNATAKA
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