Legal provisions involved: Section 483 of BNSS, Sections 189(2), (4), 191(2), (3), 115(2), 118(2), 103(2), 238, 23, 240, 352 read with Section 190 of BNS, Section 439 Cr.PC
Judgement by: Karnataka High Court
Judge/Bench: Justice Shivashankar Amarannavar
Facts
A daily wage worker from Kerala was allegedly beaten to death during a local cricket match in Mangaluru. The incident happened after he reportedly shouted “Pakistan Pakistan Zindabad.” A group of people allegedly chased and attacked him. One of the accused, who had been in jail since April 29, 2025, applied for bail. Police claimed he was involved in the assault and encouraged others.
Key legal provisions
Section 483 of BNSS, Sections 189(2), (4), 191(2), (3), 115(2), 118(2), 103(2), 238, 23, 240, 352 read with Section 190 of BNS, Section 439 Cr.PC
Issues raised
- Should the accused remain in jail?
- Is he still needed for police investigation?
- Do the facts support granting bail?
Arguments of the case
The accused said the charge sheet was already filed, so no more questioning was needed. He also said other accused had already got bail and he has no criminal record. The prosecution argued he threw chilli powder on the victim and instigated the attack.
Judgement
The Court granted bail. It noted that the investigation was complete, he had spent a long time in custody, other accused had already got the bail, and he had no past criminal history.
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