- 1 - NC: 2025:KHC:9425 CRL.P No. 1541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1541 OF 2025 BETWEEN: SRI. NAGESHA B. S/O. LATE BASAVARAJU, AGED ABOUT 31 YEARS, RESIDING AT BUDHAANAHALLI VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 129. …PETITIONER (BY SRI. RAVIKUMARA B.R., ADVOCATE) AND: STATE BY HULIYURUDURGA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CR.NO.116/2024 FILED BY HULIYURDURGA P.S., PENDING ON THE FILE OF 2ND ADDL. DISTRICT AND SESSION JUDGE, AT TUMKUR, FOR THE OFFENCES P/U/S 302, 204, 34 OF IPC, ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT AT KUNIGAL. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:9425 CRL.P No. 1541 of 2025 ORAL ORDER Accused No.1 in Crime No.116/2024 registered by Huliyurdurga Police Station, Tumkur District, registered for the offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC, seeking regular bail. 2. Heard the learned counsels for the parties. 3. Learned counsel for the petitioner submits that allegations in charge sheet against the petitioner and accused No.2 are similar. Petitioner does not have any criminal antecedents. He is in custody from 31.05.2024. Accordingly, he prays for allowing the petition. 4. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 5. The materials on record would go to show that after the dead body of deceased Pradeep was found, initially a UDR case was registered in UDR.No.12/2024 and in the post- mortem report of the deceased, it was opined that death was due to haemorrhage as a result of head injury sustained. Since - 3 - NC: 2025:KHC:9425 CRL.P No. 1541 of 2025 the sister of deceased suspected the hand of accused Nos.1 and 2 in the death of her brother, first information was registered against accused Nos.1 and 2 and during the course of investigation, they were arrested on 31.05.2024. 6. Perusal of the charge sheet material would go to show that allegations as against accused Nos. 1 and 2 are similar. Accused No.2 has been granted regular bail by this Court in Crl.P.No.11232 of 2024. Petitioner has no other criminal antecedents. Under such circumstances, on the ground of parity, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.116/2024 registered by Huliyurdurga Police Station, Tumkur District, registered for the offences punishable under Sections 302, 201 read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 4 - NC: 2025:KHC:9425 CRL.P No. 1541 of 2025 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 61