Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
Subject : Criminal Law - Bail Matters
In a significant development concerning the procedural aspects of post-charge sheet detention, the Karnataka High Court has granted regular bail to Natesh Kumar, an accused involved in the fatal mob assault of an individual in Mangaluru. The ruling, delivered by Hon'ble Mr. Justice Shivashankar Amarannavar, emphasizes the judicial shift toward granting relief once custodial interrogation is no longer deemed essential.
The case stems from an incident on April 29, 2025, during a cricket match in Mangaluru. According to the prosecution, an individual entered the stadium and shouted slogans supporting Pakistan. This act triggered an immediate and violent reaction from spectators and players, who allegedly chased and assaulted the man with their hands and clubs, leading to his eventual death.
The Mangaluru Rural Police registered an FIR against multiple accused under the Bharatiya Nyaya Sanhita (BNS), invoking charges related to rioting and culpable homicide.
The petitioner, Natesh Kumar (Accused No. 4), argued through his legal counsel that the primary culpability for the death rested on those who assaulted the victim with clubs, a group that included those already granted bail by the lower court. The defense asserted that the incident, at its core, might align more closely with Section 304(1) of the law rather than the more severe charges initially leveled. Crucially, the defense highlighted that because the charge sheet had already been filed, the petitioner’s continued incarceration served no investigative purpose.
The State, represented by the Additional SPP, vehemently opposed the bail. The prosecution alleged that the petitioner played an active role, specifically noting that he and another accused had brought chili powder to the scene, which was thrown into the victim’s eyes, thereby facilitating the subsequent assault and inciting others to join in the violence.
The Court’s decision to grant bail rested on three pivotal factors: 1. Procedural Progress: The investigation had concluded, and the charge sheet was successfully filed. The Court held that the petitioner was no longer required for custodial interrogation. 2. Parity: The Court observed that several other co-accused (Accused Nos. 6-10, 12-21, 16, and 17) had already been granted bail by the Sessions Court. 3. Absence of Antecedents: The petitioner had no prior criminal record, which heavily weighed in favor of granting relief.
The judgment clarifies the discretionary nature of bail in high-tension mob violence cases:
> "The petitioner is in judicial custody since 29.04.2025 and as the charge sheet is filed, this petitioner is not required for further custodial interrogation."
> "The accused persons who have assaulted the deceased with club i.e., accused Nos.16 and 17 have been granted bail by the Sessions Court."
> "There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions."
The High Court’s order reinforces the principle that bail is not a punishment but a tool to ensure the presence of the accused at trial. By imposing strict conditions—including a personal bond of Rs. 1,00,000, a directive to not tamper with witnesses, and a mandate to attend every court hearing—the judiciary ensures that while the accused regains personal liberty, the integrity of the pending trial in S.C.No.115/2025 remains protected. This case serves as a reminder to legal professionals that even in harrowing mob-violence scenarios, the procedural exhaustion of investigative needs often dictates the necessity of continued judicial custody.
Bail - Mob violence - Custodial interrogation - Charge sheet - Criminal antecedents
#BailMatters #CriminalLaw
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