Case Note & Summary
The petitioners, accused nos. 1 and 2 in S.C.No.9/2025 pending before the VI Additional District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.129/2024 registered by Madanayakanahalli Police Station, Bengaluru, for offences punishable under Sections 302, 392, 120B read with 34 of IPC, filed a criminal petition under Section 483 of BNSS, 2023, seeking regular bail. The FIR was initially registered for offences under Sections 302 and 201 of IPC based on a first information dated 13.02.2024 from Devaraj S/o Kalappa. The petitioners were in judicial custody in Crime No.248/2024 registered by Tavarekere Police Station for offences under BNS, 2023, and were produced under body warrant in Crime No.129/2024 on 12.11.2024, remanded to police custody till 20.11.2024. On 16.11.2024, the learned Magistrate rejected the requisition for judicial custody and remanded them to judicial custody. The court noted that the recovery of the alleged weapon of offence and stolen articles was not attributed to the petitioners. Considering that the petitioners were in judicial custody since 16.11.2024 and the trial was likely to take time, the court held that the petitioners are entitled to be enlarged on bail subject to conditions. The petition was allowed, and the petitioners were ordered to be released on bail upon executing a personal bond of Rs.2,00,000/- each with two sureties, subject to conditions including appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure - Bail - Regular Bail - Section 483 BNSS, 2023 - Sections 302, 392, 120B, 201 read with 34 IPC - Petitioners sought regular bail in a murder and robbery case - The court considered that the recovery of the alleged weapon of offence and stolen articles was not attributed to the petitioners, and they were in judicial custody since 16.11.2024 - Held that the petitioners are entitled to be enlarged on bail subject to conditions (Paras 1-6).
Issue of Consideration
Whether the petitioners, accused of murder and robbery, are entitled to regular bail under Section 483 of BNSS, 2023, when the recovery of the alleged weapon of offence and stolen articles has not been attributed to them.
Final Decision
The petition is allowed. The petitioners are ordered to be released on bail in S.C.No.9/2025 arising out of Crime No.129/2024 registered by Madanayakanahalli Police Station, Bengaluru, for the offences punishable under Sections 302, 392, 120B read with 34 of IPC, pending on the file of VI Addl. District and Sessions Judge, Bengaluru Rural District, subject to executing a personal bond of Rs.2,00,000/- each with two sureties, and subject to conditions including appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Bail
- Prima Facie Case
- Section 483 BNSS
- Sections 302/392/120B/201/34 IPC
- Recovery of Weapon
- Stolen Articles
- Judicial Custody
- Police Custody
Case Details
2025 LawText (KAR) (07) 68
Vivek S. Reddy, Rajakumar H.K, B.A. Belliappa, Waheeda M.M
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Nature of Litigation
Criminal petition for regular bail under Section 483 of BNSS, 2023.
Remedy Sought
Petitioners sought release on bail in S.C.No.9/2025 arising out of Crime No.129/2024.
Filing Reason
Petitioners were accused of offences under Sections 302, 392, 120B read with 34 of IPC and sought bail.
Previous Decisions
The petitioners were remanded to police custody on 12.11.2024 and later to judicial custody on 16.11.2024 by the learned Magistrate.
Issues
Whether the petitioners are entitled to regular bail under Section 483 of BNSS, 2023.
Submissions/Arguments
Learned Senior Counsel for the petitioners argued that the recovery of the alleged weapon of offence and stolen articles has not been attributed to the petitioners.
Learned SPP opposed the bail application.
Ratio Decidendi
The recovery of the alleged weapon of offence and stolen articles not being attributed to the petitioners, and the petitioners being in judicial custody since 16.11.2024, the trial is likely to take time, hence the petitioners are entitled to bail under Section 483 of BNSS, 2023.
Judgment Excerpts
Accused nos.1 & 2 in S.C.No.9/2025 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District, arising out of Crime No.129/2024 registered by Madanayakanahalli Police Station, Bengaluru, for the offences punishable under Sections 302, 392, 120B read with 34 of IPC, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.
It appears that petitioners who were in judicial custody in Crime No.248/2024 registered by Tavarekere Police Station, Bengaluru, for the offences punishable under Sections 309(6), 329(4), 126(2) & 311 of BNS, 2023, were produced under body warrant in Crime No.129/2024 before the jurisdictional Court of Magistrate on 12.11.2024 and at request, the petitioners were remanded to police custody in Crime No.129/2024 till 20.11.2024.
On 16.11.2024, petitioners were produced before the Court of learned Magistrate in Crime No.129/2024 with a requisition to remand them to judicial custody. However, the learned Magistrate on the said date, rejected the requisition of the Investigating Officer and remanded the petitioners to judicial custody.
Procedural History
FIR in Crime No.129/2024 was registered on 13.02.2024 for offences under Sections 302 and 201 IPC. Petitioners were in judicial custody in Crime No.248/2024. On 12.11.2024, they were produced under body warrant in Crime No.129/2024 and remanded to police custody till 20.11.2024. On 16.11.2024, the learned Magistrate rejected the requisition for judicial custody and remanded them to judicial custody. The petitioners then filed the present petition for regular bail under Section 483 of BNSS, 2023.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): 483
- Indian Penal Code, 1860 (IPC): 302, 392, 120B, 201, 34
- Bharatiya Nyaya Sanhita, 2023 (BNS): 309(6), 329(4), 126(2), 311
