Bail can be granted when allegations lack serious injuries and the accused has been in custody for an extended period, subject to stringent conditions.

ORDER

This is an application for regular bail. Petitioner is the sole accused in Crime No.281/2025 of Kumbla police station, Kasaragod District, alleging commission of offences punishable under Sections 126(2), 115(2) and 110 of the Bharatiya Nayay Sanhita (BNS), 2023 and Section 92(b) of the Rights of Persons with Disabilities Act , 2016.

2. The allegation against the petitioner is that, on 02.04.2025 at about 11 p.m., the petitioner restrained the de facto complainant and her son (who is a person with disabilities) and assaulted them and caused injuries to them and thereby committed the offences alleged against him. The petitioner has been in custody from 03.04.2025.

3. The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent of the allegations levelled against him. It is submitted that no serious injuries are reported. It is submitted that the petitioner and the de facto complainant are neighbours and owing to some other enmity between them, a false case has been foisted on the petitioner. It is submitted that the petitioner may therefore be granted bail subject to conditions.

4. The learned Public Prosecutor submitted that the petitioner has two other criminal cases registered against him in the year 2018. It submitted that going by the First Information Statement, the petitioner had attacked the de facto complainant owing to enmity arising out of the fact that the de facto complainant had sold certain property (through which the petitioner was illegally transporting river sand) to a third party. It is submitted that the investigation is progressing and therefore, the petitioner is not entitled to bail at this stage.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the allegations levelled against the petitioner, I am of the view that the petitioner can be granted bail subject to stringent conditions. The petitioner has been in custody from 03.04.2025. No serious injuries have been reported by the de facto complainant or her son. The criminal antecedents reported against the petitioner are cases registered in the year 2018. Therefore, the petitioner can be granted bail subject to stringent conditions. If the petitioner commits any offence while on bail, it will be open to the investigating officer to approach the Jurisdictional Court for cancellation of bail. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.281/2015 of Kumbla Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.281 of 2015 of Kumbla police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.281/2025 of Kumbla police station may file an application before the jurisdictional court, for cancellation of bail.