Delay in filing a complaint impacts bail eligibility, allowing the accused to secure bail under specific conditions.

ORAL JUDGMENT

The appellant has preferred this appeal against the order passed by the LXX Addl. City Civil & Sessions Judge & Special Judge, Bengaluru in Crl. Misc. No.10816/2025 dated 20.12.2025.

2. The brief facts leading to this appeal are that on the basis of the complaint filed by victim, K. R. Puram Police have registered the case in Crime No. 715/2025 against the accused for the commission of offences punishable under Sections 64 , 74, 126(2), 308(2), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita ( BNS ), 2023 and under Section 3(1)(r), 3(2)(v), 3(1)(w)(i)(ii) of SC/ST (Prevention of Atrocities) Act. After investigation, the Investigating Officer submitted the charge sheet against the accused for the commission of offences punishable under Sections 126 (2), 308(2), 351(2), 351(3), 352, 64 and 74 of the ( ), 2023 and under Section 3(1)(r), 3(2)(V), 3(1)(w)(i)(ii) of SC and ST (Prevention of Atrocities) Act, 1989. The accused was arrested by the police on 31.10.2025. The application was filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 and the same came to be rejected. Being aggrieved by the said order, the appellant has preferred this appeal.

3. Respondent No.2 has filed statement of objections and the same is taken on record.

4. I have examined the materials placed before this Court. After investigation, Investigating Officer submitted the charge sheet against the accused for the commission of offences punishable under Sections 126 (2), 308(2), 351(2), 351(3), 352, 64 and 74 of the Bharatiya Nyaya Sanhita ( BNS ), 2023 and under Section 3(1)(r), 3(2)(V), 3(1)(w)(i)(ii) of SC and ST (Prevention of Atrocities) Act, 1989. In column number 17 of the charge sheet, it is stated as under:

5. The FIR reveals the commission of offences said to have been committed by the accused commencing from 01.02.2020 till 30.06.2025. The complaint came to be filed on 18.09.2025. That there is an abnormal delay in filing this complaint. The accused was arrested and already interrogated and the Police submitted the charge sheet against him for the alleged commission of offences. The accused is not required for custodial interrogation. Considering the delay in filing the complaint and nature or the gravity of offence, previous antecedents of the accused, it is just and proper to allow this appeal with conditions.

6. Accordingly, I proceed to pass the following:

ORDER

i) Appeal is allowed

ii) The impugned order passed by LXX Addl. City Civil & Sessions Judge & Special Judge, Bengaluru, is set aside. Consequently, application filed under Section 483 of BNSS is allowed.

iii) The appellant shall be released on bail on executing a self bond of 1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the trial Court.

iv) The appellant shall not tamper or threaten the prosecution witnesses in any manner.

v) The appellant shall not indulge in similar offence.

vi) The appellant shall not leave the jurisdiction of the trial Court without prior permission from the trial Court.

vii) The appellant shall appear before the trial Court on all the dates of hearing without fail.

viii) Registry is directed to send the copy of the order to the trial Court.