Vinith Kumar @ Bai & Ors vs State By Banaswadi Police Represented By The State Public Prosecutor, High Court Building, Bengaluru - 560001

R. Nataraj, J

The petitioners have sought for release on bail in Crime No.177/2026 registered by the respondent for the offences punishable under Sections 118(1), 118(2), 109(1) and 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Briefly stated, the case of the complainant was that on 09.03.2026, the husband of the complainant had gone to a saloon. At about 04.30 p.m., the complainant heard someone screaming and when she went to the saloon, she saw her husband had fallen down with injuries. When she enquired with him, he disclosed that some four strangers wearing helmets had assaulted him. He also disclosed that he had earlier gone to Kothanur to enquire about a site and that Sri. Ajay Chacko, Sri. Parthiban, Sri. Sandeep and Sri. Gold Suresh had warned him not to deal with the said site. She therefore alleged that it is the aforesaid persons who had assaulted her husband. Based on this, the respondent registered a case in Crime No.177/2026 for the aforementioned offences. An application filed by the petitioners for bail was rejected by the Trial Court in terms of its order dated 12.05.2026. Therefore, the petitioners are before this Court.

Learned counsel for the petitioners submitted that there is no mention about the petitioners in the FIR and there is nothing mentioned about them in the complaint lodged by the complainant. He contends that that it is the petitioners who voluntarily surrendered before the police. He also contends that the petitioners are innocent of the allegations made against them and that they are willing to cooperate with the investigation in any manner whatsoever. He therefore prays that the petitioners be released on bail, as the offences are not grave and the injured is already discharged.

Learned High Court Government Pleader, however contended that the custodial interrogation of the petitioners is necessary, as these petitioners have been set up by the aforesaid four persons and therefore, the petition filed by the petitioners for anticipatory bail be dismissed.

I have considered the submissions made by the learned counsel for the petitioners and learned High Court Government Pleader for the respondent.

A perusal of the information furnished by the complainant to the respondent does not show the involvement of the petitioners. Be that as it may, since the injured is already discharged, it is unnecessary to continue the custody of the petitioners, as their cooperation for the investigation could be ensured by appropriate conditions.

In that view of the matter, the following:

ORDER

i) The petition is allowed.

ii) The petitioners are ordered to be released on bail in Crime No.177/2026 registered by the respondent for the offences punishable under Sections 118(1), 118(2), 109(1) and 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to them complying the following conditions:

a. They shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs Only) each with a solvent surety each for the likesum and to the satisfaction of the Trial Court.

b. They shall appear before the Investigating Officer once every week on a Saturday at 11 a.m. until a charge sheet is filed.

c. They shall not commit any offence similar to the offence of which they are accused or suspected of commission of which they are suspected. They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

d. They shall not leave the jurisdiction of the Trial Court until a final report is filed, without the permission of the Court.

e. In the event of violation of any of the above conditions, it is open for the Investigating Officer / prosecution to seek for cancellation of the bail in which event the appropriate Court shall deal with the said application in accordance with law.

Learned High Court Government Pleader is permitted to file her memo of appearance within 10 days.