Court assessed bail requests considering severity of allegations and personal circumstances of accused, denying one bail while granting it to another.

IN THE HIGH COURT FOR THE STATE OF KARNATAKA AT BANGALORE

Criminal Revision Petition No. _ of 2025

In the matter of: A revision under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS), filed by the State of Karnataka [Represented by the Public Prosecutor] challenging the Bail Order dated _ passed by the learned Judicial Magistrate First Class, [Name of District], in Criminal Case No. _ of 2025.

Versus

M/s. [Name of Accused/Defendant], S/o [Father's Name], R/o [Address], [City/District] – Petitioner/Accused

RESPECTFULLY SHEWETH:

1. Introduction That the present Criminal Revision Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (hereinafter referred to as "the BNSS") seeking to quash the impugned Bail Order (!) passed by the learned Judicial Magistrate in the under-mentioned case: * Case No: Criminal Case No. _ of 2025 * Police Station: [Name of Police Station] * District: [District Name] * Offences: Offences punishable under Section [Insert Section Numbers] of the Bharatiya Nyaya Sanhitha, 2023 (BNS) (!) .

2. Facts of the Case 2.1. The facts of the case are that on [Date of Incident], a registered complaint was lodged against the Petitioner alleging grievous bodily harm and assault (!) . The prosecution case reveals that the victim sustained severe injuries, including three grievous injuries, as corroborated by the medical certificate issued by [Name of Hospital] dated [Date] (!) .

2.2. The incident occurred amidst a dispute regarding property/land admeasuring [Area], where the accused allegedly assaulted the complainant using weapons such as a hoe and sticks (!) . The nature of the allegations involves serious violence resulting in grievous hurt, attracting stringent provisions of the penal law (!) .

3. The Impugned Bail Order 3.1. Despite the gravity of the allegations and the ongoing investigation, the learned Judicial Magistrate granted bail to the accused in Criminal Case No. _ of 2025 (!) . In doing so, the Court relied on the circumstances of the accused, noting their lack of criminal antecedents and willingness to cooperate (!) .

3.2. The impugned order was passed under Section 482 of the BNSS (!) , granting bail subject to conditions such as surrender before the Station House Officer and execution of a personal bond (!) . The Court also directed the accused not to influence witnesses or interfere with the investigation (!) .

4. Grounds for Revision 4.1. Perversity and Error of Law: The impugned Bail Order is perverse and erroneous in law. The allegations against the accused are specific and serious, involving grievous bodily harm (!) . Granting bail at this stage, while the investigation is still in progress, creates a high probability of tampering with evidence and influencing witnesses (!) .

4.2. Severity of Offence: The offences alleged are of a heinous nature. The medical evidence confirms that the victim suffered grievous injuries (!) . The Court below failed to adequately weigh the severity of the allegations and the potential impact on the investigation process (!) .

4.3. Public Interest: It is in the public interest to ensure that a criminal who has allegedly caused grievous harm does not remain at large during the pendency of the investigation. The grant of bail undermines the faith of the public in the administration of justice (!) .

4.4. Misappreciation of Evidence: The Court below placed undue emphasis on the accused's willingness to cooperate (!) while ignoring the specific and grave nature of the assault described in the police complaint and supported by medical evidence (!) . The distinction made between civil disputes and criminal assault was not upheld in the bail order (!) .

5. Prayer In view of the foregoing facts and grounds, it is most respectfully prayed that this Hon'ble Court may be pleased to: a) Allow this Criminal Revision Petition under Section 528 of the BNSS; b) Set aside and quash the impugned Bail Order dated _ passed by the learned Judicial Magistrate; c) Direct the learned Judicial Magistrate to reject the bail application or impose stricter conditions, including the surrender of the accused immediately; and d) Pass such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

Place: Bangalore Date: [Date]

Advocate for the State [Name of Advocate] [Enrollment Number] [Address]

CERTIFICATE I, the undersigned, certify that I have gone through the grounds of this petition and that the same are of legal importance and involve a question of law of general public importance.

Advocate for the State