IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 8054 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

BABU T ALIAS JOSHWA @ JOSHUVA S/O HALAPPA T ALIYAS PALL, AGED ABOUT 22 YEARS, R/AT: NEAR CHOWDESHWARI TEMPLE, 2^ND CROSS, MULEKATTE, BHADRAVTHI TALUK, SHIVAMOGGA DISTRICT - 577 302.

…PETITIONER (BY SRI. PAVAN M., ADVOCATE)

AND:

STATE BY PAPER TOWN POLICE STATION, Digitally signed by LAKSHMINARAYANA BHADRAVTHI, MURTHY RAJASHRI SHIVAMOGGA DISTRICT - 577 302 Location: HIGH COURT OF REPRESENTED BY KARNATAKA THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THIS PETITIONER ON BAIL IN CRIME NO.91/2024 BY THE PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103 AND 3(5) OF BNS, PENDING ON THE FILE OF COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, (SITTING AT BHADRAVATHI) IN S.C.NO.5007/2025.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section

483 of Bharatiya Nyaya Sanhita, 2023 praying to grant bail in Crime No.91/2024 of Paper Town Police Station, Bhadravathi, registered for offences punishable under Sections 103 and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of IV Additional District and Sessions Judge, Shivamogga (sitting at Bhadravathi) in S.C.No.5007/2025.

2. Heard the Learned counsel for petitioner and learned Additional State Public Prosecutor for respondent -

State.

3. Learned counsel for petitioner would contend that, accused Nos.2 and 3 who are similarly placed to that of this petitioner have been granted bail in Criminal Petition No.9520/2025 and Criminal Petition No.3938/2025 and therefore, the petitioner is entitled to grant of bail on the ground of parity. There are no eye witnesses to the incident and the case of prosecution is based on circumstantial evidence. As the charge sheet is filed, the petitioner is not required for a custodial interrogation. C.W.2 has stated the presence of this petitioner and other accused on the spot and he has seen the deceased last alive and the presence of accused Nos.1 to 3 at that time. There are seven (7) cases filed against this petitioner. Out of seven (7) cases, three (3) cases are acquitted, in one (1) case he is not the accused and other three (3) cases are pending. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner and other accused have been seen by C.W.2 on the spot and the deceased was alive at that time. C.W.2 has last seen the deceased and accused persons together on the spot. This petitioner is having criminal antecedents and he is involved in seven (7) cases and they are noted in the remand application dated 21.08.2023. If the petitioner is granted bail, he will hamper the investigation, tamper the prosecution witnesses and commit similar offence. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused charge sheet and other materials placed on record.

6. As per the case of the prosecution, when accused Nos.1 to 3 and the deceased were consuming alcohol, at that time, the deceased abused accused No.3 in a filthy language and therefore, accused No.3 started quarrelling with the deceased. At that time, accused Nos.1 and 2 told accused No.3 to assault the deceased and expel him, or otherwise, he will not allow them to consume alcohol. At that time, all the three accused at about 11.00 p.m. assaulted the deceased with hands on his chest, stomach and other parts of the body and committed his murder. C.W.2 - Subhash