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Judgment
Accused Nos.1, 2, 5 and 6 in Crime No.196/2026 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 140(3), 127(2), 115(2), 118(1), 351(2), 109 and 190 of BNS, 2023 and Section 116(2) of the Karnataka Education Act, 1983, are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.196/2026 was registered by Mangalore South Police Station, Mangaluru City, for the aforesaid offences against petitioners and others based on the first information dated 23.09.2026 received from Ameer Ali, who is one of the injured victims in the present case. During the course of investigation, petitioners were arrested on 26.09.2026 and remanded to judicial custody. Their bail application filed thereafter before the jurisdictional Sessions Court was rejected on 09.10.2026. It is under these circumstances, they are before this Court.
It is the case of the prosecution that first informant, who is a student in studying I Year BBA in Srinivas College, Mangaluru, had approached the police on 23.09.2026 and had submitted the first information stating that on 19.08.2026 at about 03.19 p.m while he was returning from his college with his friends, accused persons, who are his seniors in the college allegedly quarreled with him and thereafter, assaulted him with axe. Subsequently, they took the first informant and his friends along with them and confined them in a room and thereafter, made him to remove his clothes and stand in under garments. It is alleged that accused persons also abused and assaulted the first informant in the said room. Subsequently, accused persons criminally intimidated first informant and his friends and released them.
In respect of the alleged incident that had taken place on 19.08.2026, first information is submitted on 23.09.2026 which is after a delay of more than one month from the date of incident. No satisfactory explanation is offered by the first informant for the inordinate delay in approaching the police. First information does not reveal that he had taken treatment in any hospital for the injuries suffered by him. Petitioners are all students pursuing their education in a college at Managaluru. They do not have any criminal antecedents. They are in custody from 26.09.2026. Under the circumstances, the following order:-
The criminal petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.196/2026 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 140(3), 127(2), 115(2), 118(1), 351(2), 109 and 190 of BNS, 2023 and Section 116(2) of the Karnataka Education Act, 1983, subject to the following conditions:
Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum, to the satisfaction of the jurisdictional Court;
The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioners shall not involve in similar offences in future;
The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
In view of the disposal of the main petitions, pending interlocutory application, if any, does not survive for consideration. Hence, disposed off.