A court can grant bail if a party proves settlement and the necessity for further detention is not established.

O R D E R

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioners are the accused 1 to 3 in Crime No.853/2025 of Vidya Nagar Police Station, Kasargod registered for the offences punishable under Sections 303 (2), 336(2), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita , 2023 (for short, ‘the BNS ’).

3. The prosecution case is that on 02.12.2025, a vehicle bearing registration No. KA 70-M-7187, which was parked outside the residential house of the defacto complainant was stolen along with an amount of Rs.32,000/- and other personal belongings of the defacto complainant. The investigation revealed that the accused had committed theft of the car and other valuables and thereby committed the offences alleged. Petitioners were arrested on

04.12.2025 and they have been in custody since then.

4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for additional respondents 3 and 4.

5. The learned counsel for the petitioners submitted that the petitioners have been in custody since 04.12.2025 and hence they ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. The learned counsel for the petitioners submitted that the matter has been settled between the parties and despite the same having been conveyed to the learned Magistrate, their bail application was dismissed, after observing that non-compoundable offences have been included in the FIR. Before this Court, affidavits of additional respondents 3 and 4 have been produced as Annexures C and D, wherein it is mentioned that the crime was initiated due to certain mistaken facts.

8. The learned counsel appearing for additional respondents 3 and 4 asserted that the defacto complainant stands by the contents of the affidavits and that the matter has been settled between the parties.

9. Having regard to the settlement allegedly entered into between the parties and also bearing in mind the period of custody already undergone by the petitioners since 04.12.2025, I am of the view that the further detention of the petitioners is not necessary. Therefore, the petitioners are entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.

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