Sri Deepak Kumar Sethi vs. State Of Karnataka

Held

The Court allowed the criminal petition and directed the enlargement of the petitioner on bail. The Court considered the background of the incident, noting that the petitioner was allegedly assaulted by the deceased and his friend before retaliating. Crucially, the Court highlighted that the charge sheet had been filed invoking Section 105 of the Bharatiya Nyaya Sanhita, 2023. The Court reasoned that given these circumstances, the prayer for regular bail needed to be answered affirmatively. The petitioner was granted bail subject to executing a personal bond of Rs. 1,00,000/- with two sureties, appearing regularly before the Trial Court, not threatening witnesses or tampering with evidence, not involving in similar offences, and not leaving the jurisdiction of the Trial Court without permission.

Facts

The petitioner, Sri. Deepak Kumar Sethi, is an accused in S.C.No.1364/2026, arising from Crime No.126/2026 registered by Suddaguntepalya Police Station for offences under Sections 105, 351(2), and 75(1) of the Bharatiya Nyaya Sanhita, 2023. The FIR was based on a complaint by M. Iqra Sadap, sister of the deceased, M Sheikh Azam E Dastagir. The petitioner was arrested on 25.04.2026 and remanded to judicial custody. A charge sheet has been filed, and his bail application was rejected by the Trial Court on 06.10.2026. The incident involved a dispute at a spa where the petitioner was the manager and the deceased's sister was a therapist. The deceased and his friend allegedly assaulted the petitioner, who retaliated by assaulting the deceased with scissors, causing a fatal chest injury.

Key Issues

1. Whether the petitioner is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the facts and circumstances of the case, including the nature of the alleged offences and the stage of the investigation? The petitioner argued that the incident occurred in retaliation to an assault by the deceased and his friend. He contended that the charge sheet has been filed, and the prosecution's case is based on the alleged act of the petitioner assaulting the deceased with scissors. The petitioner relied on the fact that the charge sheet specifically invokes Section 105 of the BNS, 2023, suggesting a particular legal framework for the alleged offense. The State, represented by the State Public Prosecutor, did not present any specific arguments against the bail application in the provided text, beyond its role as the respondent.