IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.524 OF 2025 (439(Cr.PC) /

483(BNSS))

C/W CRIMINAL PETITION NO.578 OF 2025 (439(Cr.PC) /

483(BNSS))

IN CRL.P No.524/2025:

BETWEEN:

SWAMY @ CHANNAKESHAVA S/O SHIVANNA, AGED ABOUT 24 YEARS, R/AT KAVALU HOSUR VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 573116 …PETITIONER (BY SRI HARSHA KUMAR GOWDA H. R., ADVOCATE)

AND:

STATE OF KARNATAKA, CHANNARAYAPATNA TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001.

…RESPONDENT (BY SRI K. RAHUL RAI, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.189/2024 OF CHANNARAYAPATNA TOWN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 311, 352, 351(2), 351(3), 310(2), 309(6) AND 312 OF B.N.S., PENDING ON THE FILE OF THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN SITTING AT CHANNARAYAPATNA, HASSAN.

IN CRL.P NO.578/2025:

BETWEEN:

KARTHIK S/O LOKESH, AGED ABOUT 22 YEARS, R/AT MADACHAKANAHALLI VILLAGE AND POST DUDDA HOBLI, MANDAYA TALUK AND DISTRICT-571401.

...PETITIONER (BY SRI RANGANATHA T. R., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY CHANNARAYAPATNA TOWN POLICE STATION, HASSAN REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

...RESPONDENT (BY SRI K. RAHUL RAI, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.213/2024 (ARISING OUT OF CRIME NO.189/2024) OF CHANNARAYAPATNA TOWN POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 311, 352, 351(2), 351(3), 310(2), 309(6) AND 312 OF THE BHARATIYA NYAYA SANHITA PENDING ON THE FILE OF THE HON’BLE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE HASSAN DISTRICT AT CHANNARAYAPATNA.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.5 and 8 in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan, registered for the offences punishable under Sections 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of BNS, 2023, are before this Court in these petitions filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.189/2024 was registered by Channarayapatna Town Police Station, Hassan, for the aforesaid offences against five unknown persons on the basis of the first information dated 28.07.2024 received from Manikanta M.S. During the course of investigation of the case, accused No.5 was arrested on 27.07.2023 and accused No.8 was arrested on 11.08.2024. Investigation of the case is completed and charge sheet has been filed against eight accused persons. The petitioners are arrayed as accused Nos.5 and 8 in the charge sheet. Their bail applications filed before the jurisdictional Sessions Court in S.C.No.213/2024 were rejected on 28.11.2024 and 29.11.2024 respectively. Therefore, they are before this Court.

4. Learned counsel for the petitioners submits that the allegations as against accused No.4, who has been granted regular bail by this Court in Criminal Petition No.12644/2024 are similar to these petitioners. Prior to the arrest of the petitioners in the present case, they were not involved in any other criminal case. Accordingly, they pray to allow the petitions.

5. Learned High Court Government Pleader, who has opposed the petitions, does not dispute the submission made by learned counsel for the petitioners.

6. FIR in the present case was registered initially against five unknown persons and during the course of investigation, eight accused persons were arrested and charge sheet has been filed. This Court in Criminal Petition No.12644/2024 has granted regular bail to accused No.4 and perusal of the said order would go to show that the allegations as against the petitioners herein and said accused No.4 are similar. It is only