Two Accused Get Bail In Shivamogga Case Alleging Victims Were Taken From Court And Assaulted, As Karnataka HC Cites Simple Injuries And Co-Accused’s Bail

The petitioners, arrayed as accused Nos. 7 and 13, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Special C.C. No. 1047 of 2026, arising from Crime No. 84 of 2025.

The prosecution alleged that, on 22 September 2025, the petitioners and other accused abducted and assaulted two victims, threatened them, and demanded ₹50,000; the victims sustained simple injuries.

The FIR was lodged on 24 September 2025.

After the Karnataka Control of Organised Crimes Act, 2000 (KCOCA) was invoked, a charge sheet was filed against 15 persons.

The petitioners’ bail application before the Special Court was rejected on 14 July 2026.

The State noted the petitioners’ criminal antecedents, while the petitioners relied on the fact that similarly placed accused had been granted bail.

The Court considered the petition under Section 483 of the BNSS, 2023, which provides for the High Court’s and Court of Session’s power to grant bail.

The prosecution included offences under Sections 118(1), 189(2), 191(2), 191(3), 115(2), 140(2), 351(2), 352, 61(2), 308(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(ii), 3(4) and 3(3) of KCOCA.

The order identifies no precedent or specific statutory test for bail under KCOCA; its stated considerations were the nature of the allegations, the injuries, completion of the investigation, and parity with co-accused.

The Court weighed the allegations against the circumstances that both victims had sustained only simple injuries, the FIR was lodged nearly two days after the incident, and the investigation had concluded with the filing of the charge sheet.

Although the State pointed to the petitioners’ criminal antecedents and KCOCA had been invoked on that basis, the Court also noted that other accused facing similar allegations and having criminal antecedents had been granted bail by the Trial Court.

Considering these factors together, it held that the petitioners’ request for bail should be allowed, subject to conditions.

Each petitioner must 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 witnesses and from similar offences; remain within the Trial Court’s jurisdiction without permission; and report to Jayanagar Police Station on the first Sunday of each month, between 10:00 a.m. and 1:00 p.m., for one year from release.