Facts
The petitioners, arrayed as accused Nos. 8 to 11, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from the death of Yashawantha.
Source reference: p. 3–6The FIR was initially registered against unknown persons.
Source reference: p. 3–6The prosecution alleged that, during a group altercation, accused Nos. 2 and 7 assaulted the deceased with a stone and wooden club, while the petitioners and accused No. 12 assaulted him with their hands and legs.
Source reference: p. 3–6The deceased later died while undergoing treatment.
Source reference: p. 3–6The petitioners were arrested on 8 April 2026; their bail application before the Sessions Court was rejected.
Source reference: p. 3–6Accused No. 12 had previously been granted bail by the High Court, and the petitioners submitted that they had no criminal antecedents.
Source reference: p. 3–6Issues
Whether the petitioners, accused Nos. 8 to 11, should be enlarged on regular bail in the case alleging offences under Sections 189(2), 191(2), 191(3), 118(1), 103(1) and 190 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: p. 3, 6–7Law Applied
The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the High Court’s and Court of Session’s power to grant bail.
Source reference: p. 3, 6–7The prosecution alleged offences under Sections 189(2), 191(2), 191(3), 118(1), 103(1) and 190 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: p. 3, 6–7The Court identified no precedent or more specific bail test; it assessed the petitioners’ request in light of the allegations against them and the circumstances presented, including the grant of bail to accused No. 12 and the submission that the petitioners had no criminal antecedents.
Source reference: p. 3, 6–7Reasoning
The Court distinguished the petitioners’ alleged conduct—assaulting the deceased with hands and legs—from the specific allegations that accused Nos. 2 and 7 inflicted the stone and wooden-club blows.
Source reference: p. 5–7It also took account of accused No. 12, against whom a similar allegation was made, having been granted bail, and the petitioners’ submission that they had no criminal antecedents.
Source reference: p. 5–7In those circumstances, the Court considered regular bail appropriate, subject to conditions.
Source reference: p. 5–7Holding
The High Court allowed the petition and directed that the petitioners be released on bail in Crime No. 136/2026, subject to each furnishing a personal bond of ₹1,00,000 with two sureties for the like amount and complying with conditions concerning court attendance, witness protection, future offences and travel outside the trial court’s jurisdiction.
Acts & Sections Cited
7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20235
Original Court PDF
NITHIN G SvsTHE STATE OF KARNATAKA BY
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