Facts
The petitions concerned Crime No. 130/2026, registered by Kyathanahalli Police for offences under Sections 109, 115(2), 118(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
Source reference: paras. 1, 3–4The complaint alleged that on 12 August 2026, after a dispute over a matchbox, the accused assaulted the informant and his friend with beer bottles.
Source reference: paras. 1, 3–4The petitioners were arrested and remanded to judicial custody; their bail applications before the jurisdictional Sessions Court were rejected.
Source reference: para. 3The wound certificates recorded four injuries for each victim, including one injury classified as grievous; both victims were discharged the same day.
Source reference: para. 6The petitioners sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”).
Source reference: para. 1Issues
1. Whether the petitioners should be enlarged on regular bail under Section 483 of the BNSS, having regard to the allegations, injuries, custody and stage of investigation.
Source reference: paras. 1, 6–82. Whether bail should be subject to conditions designed to secure the petitioners’ attendance and prevent interference with the investigation or prosecution witnesses.
Source reference: p. 9–10Law Applied
The Court considered its power to grant regular bail under Section 483 of the BNSS.
Source reference: para. 1The alleged offences were under Sections 109, 115(2), 118(1), 351(2), 352 and 3(5) of the BNS.
Source reference: paras. 1, 6–8In exercising its bail discretion, the Court considered the nature and circumstances of the incident, the injuries, the petitioners’ criminal antecedents, their custody, the progress of the investigation and their undertaking to cooperate.
Source reference: paras. 1, 6–8No judicial precedents were cited.
Source reference: no citationReasoning
The Court treated the incident as arising from a quarrel over a petty issue, with no prior ill-will between the parties.
Source reference: para. 7Although each victim had one injury classified as grievous, the victims were discharged on the day of admission, and the Court noted the nature of the recorded injuries.
Source reference: para. 6It also considered that the petitioners had no criminal antecedents, were in custody, and that a major portion of the investigation was complete; they had undertaken to cooperate with the police.
Source reference: para. 7On those circumstances, the Court found regular bail appropriate, subject to conditions.
Source reference: para. 8Holding
The High Court allowed all four criminal petitions and directed that the petitioners be released on bail in Crime No. 130/2026.
Conditions included execution of a personal bond of Rs. 1,00,000 each with two sureties for the like sum, regular attendance before the Trial Court, non-interference with prosecution witnesses, no involvement in similar offences, restrictions on leaving the Trial Court’s jurisdiction without permission, and monthly attendance at the police station until the investigation was completed and the charge sheet filed.
Source reference: p. 9–10Acts & Sections Cited
8 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, 20236
Original Court PDF
SRI RAKESH (A-2)vsSTATE OF KARNATAKA
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