- 1 - NC: 2025:KHC:15818 CRL.P No. 4418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4418 OF 2025 BETWEEN: SANAM @ TADIYAN SANAM @ SANAM V S/O KUMAR SHANU AGED ABOUT 30 YEARS R/AT VACHALLI HOUSE 4TH MILE, KODIRUR VILLAGE PONNALAM WEST KANNUR DISTRICT KERALA STATE - 670 642. …PETITIONER (BY SRI VINOD KUMAR M, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY GONIKOPPA POLICE STATION, KODAGU REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL S.C.NO.5004/2025 PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE AT KODAGU - MADIKERI (SITTING AT VIRAJPET) (CRIME NO.169/2023 OF GONIKOPPA POLICE STATION), FOR THE OFFENCE P/U/S.120B, 363, 395, 397, 114 AND 75 OF IPC, BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15818 CRL.P No. 4418 of 2025 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 in Crime No.169/2023 registered by Gonikoppa Police Station, Kodagu District, for the offence punishable under Sections 120B, 363, 395, 397, 114 & 75 of BNS, 2023 is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that accused No.9, 12, 14 & 15 as against whom similar allegations are found in the charge sheet have been granted regular bail by the coordinate bench of this Court. Some of the other accused, who are arrested in the present case have been granted regular bail by the jurisdictional Sessions Court. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 3 - NC: 2025:KHC:15818 CRL.P No. 4418 of 2025 4. Learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 5. FIR in the present case was registered against 10 to 15 persons initially for the offence punishable under Sections 395, 397 & 363 of IPC based on the first information dated 09.12.2023 received from Sri Shamjadh K S/o Mahammad. During the course of investigation, the petitioner herein was arrested on 20.05.2024. After completing investigation, charge sheet has been filed against 21 persons. The petitioner herein is arraigned as accused No.17 in the charge sheet. 6. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5026/2025 was dismissed on 10.03.2025. Therefore, he is before this Court. 7. The coordinate bench of this Court has granted regular bail to accused Nos.9, 12, 14 & 15 in Crl.P.No.8288/2024, Crl.P.No.8101/2024 and - 4 - NC: 2025:KHC:15818 CRL.P No. 4418 of 2025 Crl.P.No.4230/2024. While granting regular bail to accused No.9 this Court has observed that, though in the test identification parade all accused were identified by the victim, the petitioner in the said petition had no criminal antecedents and accordingly accused No.9 was granted regular bail in Crl.P.No.8288/2024. It is not in dispute that even the petitioner herein has no criminal antecedents and allegation as against the petitioner and accused No.9 in the present case are similar. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. 8. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.169/2023 registered by Gonikoppa Police Station, Kodagu District, for the offences punishable under Sections 120B, 363, 395, 397, 114 & 75 of BNS, 2023 on - 5 - NC: 2025:KHC:15818 CRL.P No. 4418 of 2025 obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a) The petitioner shall not commit similar offences. b) The petitioner shall not threaten or tamper with the prosecution witnesses. c) The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the condition as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigation Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigation Officer within 5 days. - 6 - NC: 2025:KHC:15818 CRL.P No. 4418 of 2025 The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS