- 1 - NC: 2025:KHC:13053 CRL.P No. 2646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2646 OF 2025 BETWEEN: SRI. GOPALA @ GOPI @ TIGER GOPI S/O. LATE KENCHAIAH, AGED ABOUT 35 YEARS, R/AT VADDARADODDI VILLAGE HALAGURU HOBLI, MANDYA DISTRICT NEAR REDDY SCHOOL, - 571434 PERMANENT RESIDENT OF R/AT VADDARADODDI VILLAGE HALAGURU HOBLI MANDYA DISTRICT NEAR REDDY SCHOOL-571 434 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SUNIL KUMAR S., ADV.) AND: THE STATE OF KARNATAKA BY SRIRANGAPATNA P. S. BENGALURU CITY, REP. BY LD. STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL ORDER IN CRIME NO. 31/2024 REGISTERED BY SRIRANGAPATNA.P.S FOR OFFENCES PUNISHABLE UNDER SECTION 143,148,114,109,1208, 212, 302, 149, 201 R/W 34 OF IPC WHICH IS NOW PENDING BEFORE THE ADDL. CIVIL Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13053 CRL.P No. 2646 of 2025 JUDGE AND JMFC AT SRIRANGAPATNA.P.S IN C.C NO.403/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.6 in Crime No.31/2024 registered by Srirangapatna Police Station, Mandya, for offences punishable under Sections 143, 148, 114, 109, 120B, 212, 302, 149, 201 read with Section 34 of Indian Penal Code, 1860 (for short, 'IPC'), is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31/2024 was registered by Srirangapatna Police Station, Mandya against Abhishek and other unknown persons initially for offence punishable under Section 302 read with Section 34 of IPC on the basis of the first information dated 11.02.2024 received from Nagendra.P.S - father of deceased - Prajwal Gowda. 4. During the course of investigation of the case, petitioner was arrested on 01.03.2024 and subsequently, - 3 - NC: 2025:KHC:13053 CRL.P No. 2646 of 2025 remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against 16 persons and the petitioner is arrayed as accused No.6 in the charge sheet. Bail application filed by the petitioner in Crl.Misc.No.5286/2024 before the Jurisdictional Sessions Court which was rejected on 30.09.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that allegation against accused No.7 and the petitioner herein is similar. Accused No.7 has been granted regular bail by this Court in Crl.P.No.85/2025. Petitioner's name is not find in the FIR. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that petitioner is a person with criminal antecedents and therefore, ground of parity cannot be extended to him. Accordingly, prays to dismiss the petition. 7. Perusal of material on record would go to show that FIR was initially registered against Pramoda, Abhishek and unknown persons. Petitioner's name is not found in the FIR. During the course of investigation of the case, he was arrested - 4 - NC: 2025:KHC:13053 CRL.P No. 2646 of 2025 on 01.03.2024 along with accused No.7. As per the charge sheet allegations, accused No.1 who had vengeance against the deceased - Prajwal Gowda had conspired with the other accused to commit the murder of Prajwal Gowda and on 11.02.2024, when Prajwal Gowda was near the tea shop of CW- 3, accused Nos. 2, 3 and 6 to 8 came there in Innova car driven by accused No.5 and accused No.4 came there in a two wheeler and thereafter, quarreled with Prajwal Gowda and assaulted him. Allegation of assaulting Prajwal Gowda with deadly weapon is as against accused Nos. 2, 3, 4, 6 and 7. CWs-2 to 4 are the alleged eye-witnesses to the incident in question. Undisputedly, except the accused who are named in the FIR, the other accused were strangers to the aforesaid alleged eye-witnesses. Test Identification Parade was not held in the present case and the other accused persons were identified by CWs 2 to 4 in the police station. It is under this circumstance, accused No.7 has been granted regular bail by this Court in Crl.P.No.85/2025. Apprehension expressed by learned High Court Government Pleader can be taken care of by imposing appropriate conditions on the petitioner. Considering the aforesaid aspects of the matter, I am of the opinion that - 5 - NC: 2025:KHC:13053 CRL.P No. 2646 of 2025 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.31/2024 registered by Srirangapatna Police Station, Mandya, for offences punishable under Sections 143, 148, 114, 109, 120B, 212, 302, 149, 201 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; - 6 - NC: 2025:KHC:13053 CRL.P No. 2646 of 2025 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. f) The petitioner shall appear before Station House Officer of Srirangapatna Police Station, Mandya, on every alternative Sunday between 10.00 a.m. and 1.00 p.m. and mark his attendance until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 39