(Prayer: This Criminal Petition is filed under Section 439 Cr.P.C (under Section 483 BNSS) praying to order for the release of the petitioner on regular bail in Cr.No.225/2025 of Brahmavara Police Station for the offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of IPC, pending on the file of Additional Civil Judge and JMFC, Udupi.)

Oral Order

1. This petition is filed by accused No.5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.225/2025 of Brahmavara Police Station registered for the offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of BNSS.

2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State.

3. The learned counsel for petitioner would contend that, there are two incidents narrated in the complaint, and in the first incident, the petitioner was not at all present, and the petitioner is stated to be present in the second incident. But there are no overt act alleged against the present petitioner assaulting the complainant. The petitioner is in judicial custody since 31.10.2025, and as major portion of investigation is over, he is not required for custodial interrogation. The Trial Court has observed that, the petitioner is accused in Crime No.179/2025 of Brahmavara Police Station, but the FIR does not indicate his name as accused in the said crime. The wife of the petitioner is pregnant of eight months, and his presence is required to take care of his wife. With this, he prayed to allow the petition.

4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, the petitioner was present on the spot at the time of the incident, and he has helped the other accused to assault the complainant. With this, he prayed to reject the petition.

5. Having heard the learned counsel, the Court has perused the complaint, FIR and other materials placed on record.

6. There are two incidents narrated in the complaint took place on 29.10.2025, one in the afternoon, and another at 09.15 p.m. In the incident, which has taken place in the afternoon, the petitioner was not at all present. The petitioner stated to be present in the incident, which has taken place at 09.15 p.m. In the said incident, the complainant has been assaulted by the other accused. There is no overt act of assault by this petitioner to the complainant.

7. In the Trial Court's order, there is mention that petitioner is involved in Crime No.179/2025 of Brahmavara Police Station. The learned counsel for the petitioner has made available the FIR of the said crime, and it does not indicate the involvement of the present petitioner. Considering the said aspect, there are no criminal antecedents of the petitioner. The major portion of investigation is over, and therefore, the petitioner is not required for further custodial interrogation.

8. Considering the above aspect, the petitioner has made out a case for grant of bail with conditions.

In the result, the following:

ORDER

          i) The petition is allowed.

          ii) The petitioner is granted bail in Crime No.225/2025 of Brahmavara Police Station registered for the offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of IPC subject to following conditions:

          a) The petitioner shall execute a bail bond for sum of Rs.1,00,000/- with one surety for the like sum to the jurisdictional Court.

          b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

          c) The petitioner shall appear before the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.