Regular bail granted where non-vital injuries had healed before death from pulmonary complications.

The petitioners, arrayed as accused Nos. 2 to 4, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 88/2026, registered by Adugodi Police for offences under Sections 103, 140(1), 190, 351(2), 352, 55, 3(5) and 3(8) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that the accused entered the deceased Mageshwari’s home while searching for Charulatha and assaulted Mageshwari when she tried to prevent them from taking Charulatha with them

Mageshwari was discharged from hospital on 30 March 2026, later readmitted, and died on 12 April 2026. The post-mortem report attributed death to pulmonary thrombus and bronchopneumonia consequent to the injuries sustained.

The investigation was completed and a charge sheet filed against six persons; the petitioners’ bail applications had been rejected by the Sessions Court.

The Court considered the petitioners’ applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in a case involving offences alleged under Sections 103, 140(1), 190, 351(2), 352, 55, 3(5) and 3(8) of the Bharatiya Nyaya Sanhita, 2023.

The order cites no precedent or separately articulated test; it determined the applications by considering the circumstances of the incident and the post-mortem findings, and granted bail subject to specified conditions.

The Court noted that Mageshwari’s recorded injuries were on her hands and legs, rather than vital parts, and that the hospital discharge record stated that her wounds had healed and she was fit for discharge.

It also took account of the post-mortem opinion that death resulted from pulmonary thrombus and bronchopneumonia consequent to the injuries, the family relationship between the parties, and the grant of bail to accused Nos. 5 and 6.

Considering the incident’s background and the stated cause of death, the Court concluded that the petitioners’ bail applications should be allowed.

Each petitioner was required to execute a personal bond of ₹1,00,000 with two sureties for the like sum, attend trial unless exempted, refrain from threatening or tampering with prosecution witnesses or committing similar offences, and not leave the trial court’s jurisdiction without permission until disposal of the case.