Regular bail is justified where the complainant turns hostile and the record discloses no sufficient prima facie grounds.

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from the death of his brother, who was found with severe head injuries on 8 May 2025.

The prosecution alleged that the petitioner committed the murder and made an extra-judicial confession to their father.

The father, who lodged the complaint, was examined as PW1 but turned hostile and denied that the petitioner had committed the murder.

The petitioner was in judicial custody, and the case was pending before the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi.

The Court considered the petitioner’s application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In deciding bail, it identified the relevant considerations as the nature and circumstances of the offence; the petitioner’s position in relation to the victim and witnesses; the risk of absconding, reoffending, or tampering with witnesses; and the petitioner’s character and antecedents.

The Court also stated that a bail court should not conduct a mini-trial by scanning the prosecution case in detail.

The Court noted that the prosecution relied on an alleged extra-judicial confession to the petitioner’s father.

However, the father had turned hostile as PW1 and denied the suggestions that the petitioner had murdered his brother.

Having considered the material on record without conducting a mini-trial, the Court concluded that there were no reasonable and sufficient grounds, at that stage, to believe that the petitioner was guilty of the alleged offences and that he had made out a case for bail.

These included a personal bond of ₹2,00,000 with two sureties, non-interference with prosecution witnesses, cooperation with the Investigating Officer, avoidance of similar offences, and fortnightly attendance at the police station for six months or until filing of the final report, whichever was earlier.

The prosecution may seek cancellation of bail for violation of the conditions.