Furnishing Surety On Last Day Of Timeline Indicated In Release Order Would Not Disentitle Accused Of Benefit: Karnataka High Court

Granting relief to a murder accused, the Karnataka High Court held that merely because the accused furnished surety for release on the last day on which it could have been furnished as directed in the order, would not disentitle him from the benefit of the release order. The court was hearing a man's plea challenging a sessions court order which had rejected his application for furnishing of bonds and sureties.The petitioner is accused No.1 in an FIR registered for offences punishable under various provisions of the Arms Act, and under Sections 103(1)(murder), 238 (causing disappearing of evidence) read with Section 3(5) (common intention) BNS. Justice M Nagaprasanna in his order said:"The issue in the lis lies in a narrow compass at this juncture as to whether the petitioner is to be set at liberty, yet again. The petitioner was set at liberty by an order of the Coordinate Bench imposing certain conditions. The condition was that he should furnish surety within 15 days from his release. The order was made available on 05.05.2025. Therefore, the petitioner had time up to 19.05.2025, as the order was unequivocal that surety was to be afforded, which was made condition precedent for his release within 2 weeks, which would be till 11.59 p.m. of 19.05.2025. Therefore, the petitioner appears before the learned Magistrate on 19.05.2025 and offers surety. The learned Magistrate by the impugned order rejects and directs him to be taken into custody. The order of the learned Magistrate is, on the face of it, illegal, as the order of the Co-ordinate Bench was granting 15 days time and surety was offered on the 15th day. Merely because it is offered on the 15th day, does not mean that he would not be entitled to the benefit of the order of the Co-ordinate Bench. In that light, the only inescapable conclusion of this petition would be the release of the petitioner from prison with all conditions that are imposed by the Co-ordinate Bench".The issue was not with regard to the merits of the matter as the petitioner was directed to be set at liberty by a coordinate single judge bench of the high court on April 28, 2025.Pursuant to this order, the petitioner was set at liberty, as the condition indicated that the petitioner would give surety within 2 weeks from the date of his release. The order was passed on 28.04.2025, however it was admittedly made available on 05.05.2025. On 05.05.2025, the petitioner made arrangements for surety and appeared before the concerned trial court on 19.05.2025. On the said date, the trial court declined to accept the surety and directed the petitioner to be taken into custody, on the ground that the order of the Coordinate Bench has not been complied with. The petitioner was therefore sent back to prison and approached the high court seeking release. Allowing the petition the high court set aside the trial court order.Case title: SRI. BRIJESH INDIRA v/s STATE OF KARNATAKA & Anr. CRIMINAL PETITION NO. 1774 OF 2026Click Here To Read/Download Order

Furnishing Surety On Last Day Of Timeline Indicated In Release Order Would Not Disentitle Accused Of Benefit: Karnataka High Court

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