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2025 Supreme(Online)(KAR) 1525

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2163 OF 2025 BETWEEN: YOGESH M P S/O PUTTASWAMAIAH AGED ABOUT 29 YEARS, /AT MADACHAKANAHALL VILLAGE, DUDDA HOBLI, MANDYA TALUK MANDYA DISTRCT - 571 405.

…PETITIONER (BY MS. PUSHPALATHA Y, ADV., FOR SRI KASHINATH J.D, ADV.)

AND:

STATE OF KARNATAKA BY CHANNAAYAPATNA TOWN POLICE STATION HASSAN DISTRICT REPRESENTED BY SPP Digitally HIGH COURT OF KARNATAKA signed by BENGALURU - 560 001.

NANDINI MS Location:

…RESPONDENT High Court of Karnataka (BY SMT. PUSHPALATHA B, HCGP)

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS)

PRAYING TO ALLOW THE ABOVE PETITION, ACCORDINGLY ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.213/2024 ARISING OUT OF CR.NO.189/2024 OF CHANNARAYAPATNA TOWN P.S., FOR THE OFFENCES P/U/S 311,352,351(2),351(3),310(2),309(6) AND 312 OF THE BNS, PENDING ON THE FILE OF THE HONBLE IV ADDITIONL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, AT CHANNARAYAPATNA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

Petitioner Advocates:KASHINATH J D ,Respondent Advocate:

ORAL ORDER

Accused No.3 in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan District for the offences punishable under Sections 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of BNS, 2023 is before this Court Under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.189/2024 was registered by Channarayapatna Town Police Station, Hassan District against unknown persons initially for the offences punishable under Sections 310(1), 310(2) of BNS, 2023, on the basis of first information dated 28.07.2024 received from Sri Manikanta M S S/o Somanna T N. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on

28.07.2024. Investigation in the case is complete and charge sheet has been filed.

4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.213/2024 was dismissed on 20.01.2025.

Therefore, he is before this Court.

5. Learned counsel appearing for the petitioner submits that the allegation as against all accused are similar. The petitioner has no other criminal antecedents. This Court has granted bail to all other accused persons. Accordingly, he prays to enlarge the petitioner on the ground of parity.

6. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner.

7. This Court has granted regular bail to accused No.4 in Crl.P.No.12644/2024 and accused Nos.5 and 8 have been granted regular bail by this Court in Crl.P.No.524/2025 C/w Crl.P.No.578/2025. Accused Nos.1 and 6 have been granted regular bail by this Court in Crl.P.No.1245/2025 C/w Crl.P.No.1379/2025. It is not in dispute that all other accused persons except the petitioner herein have been enlarged on regular bail. The allegation as against the petitioner and other accused persons are similar.

8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner, who is in custody from 28.07.2024 for grant of regular bail needs to be answered affirmatively on the ground of parity.

9. Accordingly, the following:

ORDER

The petitioner is directed to be enlarged on bail in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan District for the offences punishable under Sections 311, 352, 351(2), 351(3), 310(2), 309(6)

and 312 of BNS, 2023 subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

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