- 1 - HC-KAR NC: 2025:KHC-K:3643 CRL.P No. 200998 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200998 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ARJUN S/O YANKAPPA BALUTI, AGE:31 YEARS, OCC: AGRICULTURE, R/O. KOLHAR, DIST.VIJAYAPURA. …PETITIONER (BY SRI. GANESH NAIK, ADVOCATE) AND: 1. THE STATE THROUGH THE PSI, KOLHAR POLICE STATION, DIST.VIJAYAPURA REPRESENTED BY, ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585103 2. MARUTI S/O ANANDAPPA KAMBAR, AGE:44 YEARS, OCC: AGRICULTURE, R/O. KOLHAR, DIST.VIJAYAPURA - 586119 …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 3/2025 OF Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3643 CRL.P No. 200998 of 2025 1ST RESPONDENT/KOLHAR POLICE STATION, VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/SEC. 189(2), 191(2), 191(3), 115(2), 118, 118(2), 351(2), 352,103 R/W 190 OF BNS 2023, PENDING ON FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT AT BASAVANA BAGEWADI IN CRL.MISC NO.695/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri. Ganesh Naik, learned counsel for the petitioner and Sri. Shahabuddin Jamadar, learned High Court Government Pleader for the respondent No.1. 2. The petitioner is accused No.3 in respect of Crime No.3/2025 of Kolhar Police Station, which was registered on 09.01.2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118, 118(2), 352, 351(2) read with Section 190 of BNS, 2023. 3. The gist of the complaint averments would reveal that, the deceased Raghavendra had a love affair with Bhagyashree and that love affair continued even after the marriage of Bhagyashree. In that regard, there were earlier - 3 - HC-KAR NC: 2025:KHC-K:3643 CRL.P No. 200998 of 2025 quarrels and ultimately it is found that the said Raghavendra had taken away the mobile phone of Bhagyashree. The said incident was reported to the accused persons and they went near the house of Raghavendra and called him outside the house and then the present petitioner along with accused No.1 eloped him on a motorcycle and other accused followed them and all of them went to Rachoteshwara Temple pressings and assaulted the Raghavendra on all most all body parts. Accused No.10 who was earlier present in the Rachoteshwar Temple also assaulted Raghavendra and accused No.5 assaulted Raghavendra. 4. Thereafter, Raghavendra was taken to two Hospitals including BIMS Hospital at Belagavi and later on to the Government Hospital. 5. Because of the injuries found on the body of the Raghavendra, despite best treatment he succumbed to the injuries. After thorough investigation charge-sheet came to be filed inter-alia arresting the accused persons. - 4 - HC-KAR NC: 2025:KHC-K:3643 CRL.P No. 200998 of 2025 6. It is submitted on behalf of the petitioner that, other accused persons have been enlarged on bail and the present petitioner is not granted bail by the learned trial Judge. 7. It is also contended that, the present petitioner stands on the same footing as that of the other accused persons, who have been granted bail. Therefore, on the ground of parity, the petitioner is entitle for grant of bail. 8. Learned High Court Government Pleader, however, opposes the bail petition on the ground that, it is the present petitioner and accused No.1 who have eloped the Raghavendra from his house to Rachoteshwara Temple, wherein, the quarrel and assault have taken place. 9. He also contends that, the present petitioner not only abducted the Raghavendra, but also assaulted with a stick on the buttocks of Raghavendra, thereby he has suffered multiple injuries and ultimately has to loose his life and therefore, bail needs to be rejected. - 5 - HC-KAR NC: 2025:KHC-K:3643 CRL.P No. 200998 of 2025 10. Having heard the arguments from both sides, this Court perused the material on record, meticulously. 11. On such perusal of the material on record, admittedly, no deadly weapon is used in the incident, nor the parts that were chosen for assaulting Raghavendra are not vital parts. Prima-facie about ten accused persons have participated in the incident. 12. Other accused persons have been granted bail and the State did not choose to challenge the same. 13. Taking note of the particular overt act that is attributable to the present petitioner and that of the persons who have been granted bail, this Court is of the view that, on the ground of parity, the present petitioner is also entitled for bail. 14. Hence, the following order: ORDER (i) The bail petition is allowed; - 6 - HC-KAR NC: 2025:KHC-K:3643 CRL.P No. 200998 of 2025 (ii) The petitioner is directed to be enlarged on bail by taking a bond in a sum of Rs.1,00,000/-, with two sureties for the likesum to the satisfaction of the trial Court; (iii) The petitioner shall not in any way tamper the prosecution witnesses; (iv) The petitioner shall attend the Court regularly; (v) The petitioner shall not leave the jurisdiction of Vijayapura district, without prior permission; (vi) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 18 CT:PK