Nandan V vs State Of Karnataka By Peenya Police

M.G.S. Kamal, J

The petitioner is an accused in Crime No.34/2026 registered before the respondent/police for the offence punishable under Section 310(2) of BNS, 2023, pending on the file of the learned XXXI Additional Chief Judicial Magistrate, Bengaluru.

A complaint dated 17.01.2026 came to be filed by the complainant alleging that on 15.01.2026 when he was returning home at about 08.30 p.m., on his two wheeler near on Doddabidarakallu Road, someone had parked a two wheeler. When the complainant requested him to move the two wheeler, he had called Nanda and Naveen, who came and started assaulting the complainant. Thereafter, another three to four persons joined them and they also assaulted the complainant. The said persons snatched mobile phone and Rs.3,700/- which was in his pocket. Hence, the complaint.

The learned counsel for the petitioner submits that though the alleged offence had taken place on 15.01.2026, the complaint has been lodged two days thereafter i.e., 17.01.2026. That there is no allegation against the petitioner having assaulted. He submits that the said persons, who are arrayed as accused Nos.2 to 5, have already been granted bail as per the orders passed in Crl.Misc. Nos.834, 835 and 766 of 2026 on 02.02.2026. The petition filed by the petitioner has been rejected merely on the ground of three pending cases. He submits that even in the said three pending cases, the petitioner has been granted bail.

Heard and perused the records.

The serious allegations are made only against accused Nos.2 to 5, of they assaulting the complainant and that they have already been released on bail and the only allegation made against the accused No.1 is of he calling the accused Nos.2 to 5, without attributing any overtact.

In the circumstances, this Court deems it appropriate to grant bail on the basis of parity. Accordingly, the following:

ORDER

i) Petition is allowed.

ii) The respondent - Police are directed to release the petitioner in the event of his arrest in Crime No. 34/2026 registered before the respondent/police for the offence punishable under Section 310(2) of BNS, 2023, pending on the file of the learned XXXI Additional Chief Judicial Magistrate, Bengaluru, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two local sureties for the like sum to the satisfaction of the jurisdictional Court;

b) Petitioner shall appear before the Investigation Officer within ten days from the date of receipt of certified copy of this order and shall continue to appear every day for next fifteen days thereafter.

c) Petitioner shall obtain regular bail within ten days from the date of receipt of certified copy of this order.

d) Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report.

In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail granted to the petitioner herein.