Bail may be granted when the injuries sustained by the victim are simple in nature, suggesting that trial courts should approach bail applications pragmatically rather than on specious grounds.

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.150/2026 REGISTERED BY KADUGODI P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 118(1), 324(4), 352, 351(2), 109 R/W 3(5) OF BNS, 2023, PENDING BEFORE THE ACJM, BENGALURU, BENGALURU RURAL DISTRICT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

This petition is filed by accused No.3 under Section 483 of BNSS, 2023 seeking his release on bail in Crime No.150/2026, registered by the respondent - Kadugodi Police Station, for the offences punishable under Sections 118(1), 324(4), 352, 351(2) read with Section 3(5) of BNS, 2023.

2. The complainant informed the respondent on 02.04.2026 that on 01.04.2026, accused No.2 called the complainant to discuss some issue. The complainant went to the spot where accused No.2 had pointed to and at that time, the petitioner and two - three others started abusing him and assaulted him with a beer bottle causing bleeding injuries on his forehead. The complainant further claimed that, the said persons threatened to murder him, his sister and his family members. The complainant also alleged that, the petitioner herein and others snatched away his mobile phone. The complainant claimed that passersby shifted him to the hospital.

3. Based on this, the respondent registered a complaint in Crime No.150/2026 for the offences punishable under Sections 118(1), 324(4), 352, 351(2) read with Section 3(5) of BNS, 2023. The petitioner was apprehended and hence, he filed a petition under Section 483 of BNSS which was rejected in terms of an order dated 06.05.2026. Being aggrieved by the same, the petitioner is before this Court.

4. Learned counsel for the petitioner submits that there is an ongoing civil dispute between the complainant and accused No.2 and that the petitioner is unnecessarily implicated in the case. Learned counsel for the petitioner also contended that the respondent has invoked Section 109 of BNS, though there are no allegations which constitute an offence under Section 109 of BNS. Learned counsel for the petitioner further submits that, the complainant has suffered minor injuries and in this regard, has furnished a copy of the photograph which shows that the complainant has suffered some injuries on his forehead. Therefore, learned counsel for the petitioner prays that the petitioner be released on bail.

5. Per contra, learned High Court Government Pleader contended that the petitioner had assaulted the complainant with a beer bottle and hands. Learned High Court Government Pleader also submitted that there was an ongoing dispute between the complainant and accused No.2 and the petitioner was the one who aided and abetted accused No.2 in assaulting the complainant and therefore submits that the petitioner is not entitled for bail.

6. Having regard to the fact that the injuries suffered by the complainant were simple in nature, the Trial Court ought to have considered the application filed by the petitioner under Section 483 of BNSS pragmatically rather than rejecting it on specious ground.

7. In that view of the matter, this Criminal Petition is allowed. The petitioner is ordered to be released on bail in Crime No.150/2026, registered by the respondent - Kadugodi Police Station, for the offences punishable under Sections 118(1), 324(4), 352, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

i. The petitioner shall execute personal bond for Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety for the likesum and to the satisfaction of the Trial Court.

ii. He shall appear before the Investigating Officer every Saturday at 11.00 a.m. until a charge sheet is filed.

iii. He shall not commit any offence similar to the offence of which he is accused or suspected of commission of, or which he is suspected and he shall not, directly or indirectly, make any inducement,