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2025 Supreme(Kar) 1241

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Mohammad Nawaz
Riyaz M.H. @ Nisar, S/O Hamza – Appellant
Versus
State Of Karnataka Through The Sub Inspector Of Police Mulki Police Station – Respondent


Advocates Appeared:
For the Petitioner:Sri. P.P. Hegde, Sr. Counsel For Sri. Ganapathi Bha, Advocate
For the Respondent: Ms. Asma Kouser, Addl. Spp

ORDER :

Mohammad Nawaz, J.

This petition under Section 483 of BNSS , 2023 is preferred by accused No.5, to enlarge him on bail in SC No.47/2021 pending on the file of VI Additional District and Sessions Judge, DK, Mangaluru, arising out of Cr.No.38/2020 of Mulki Police Station, Mangalore City.

2. Heard the learned Senior counsel Sri P.P.Hegde appearing for the counsel on record for petitioner, Ms. Asma Kousar, learned Addl. SPP for the State and perused the material on record.

3. At the out set, it is relevant to mention that this is the fifth petition in which the petitioner is seeking bail. On three occasions, bail petitions were withdrawn and one more petition was dismissed for non-prosecution.

4. This petition is presented seeking grant of bail to the petitioner, mainly on the ground of parity and long incarceration of the petitioner in custody. Further, on the ground that the witnesses examined before the trial Court have not divulged the role of the petitioner etc.

5. The contention of the learned Senior counsel can be summarized as under:

i. Out of the 10 accused chargesheeted, accused Nos.1, 6, 7, 9 and 10 are already enlarged on bail, out of them, accused No.7 is similarly plac

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