- 1 - HC-KAR NC: 2025:KHC:24190 CRL.P No. 4515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4515 OF 2025 BETWEEN: DINESH NAIK, S/O SURESH NAIK, AGED ABOUT 21 YEARS, R/AT DOOR NO.2-100, SHRI DURGHA NIVASA, DARKASU, MALA MALLARU HOUSE, MALA POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …PETITIONER (BY SRI. RANJITH CHIPLUNKAR., ADVOCATE) AND: STATE OF KARNATAKA, BY BANTWAL RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.RASHMI PATEL., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE SAID PETITIONER ON BAIL ACCUSED NO.3 IN S.C.NO.131/2024 OF BANTWALA RURAL POLICE STATION, P/U/S 395, 397, 411 OF IPC, ARISING OUT OF CR.NO.3/2024 PENDING ON THE FILE OF IIIRD ADDL. DIST. AND SESSIONS JUDGE, D.K. MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24190 CRL.P No. 4515 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in S.C.No.131/2024 pending before the Court of III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.3/2024 registered by Bantwala Rural Police Station, Dakshina Kannada District, for offences punishable under Sections 395, 397, 411 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that all other accused except petitioner herein have been enlarged on bail in the present case. Allegations against accused Nos.1 to 6 in the charge sheet are similar and petitioner and accused No.1 had earlier approached this Court in Crl.P.No.5048/2024 which was dismissed on merits by order dated 18.06.2024 and subsequently, accused No.1 has been granted regular bail by this court in - 3 - HC-KAR NC: 2025:KHC:24190 CRL.P No. 4515 of 2025 Crl.P.No.4742/2025. Accordingly, he prays to allow this petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 5. Perusal of the material on record would go to show that allegation in the charge sheet against all the accused are similar. Accused Nos.1 and 3 had earlier approached this Court in Crl.P.No.5048/2024 which was dismissed on merits by order dated 18.06.2024 by the co-ordinate Bench of this Court and subsequently the co-ordinate Bench had granted regular bail to accused No.2 in Crl.P.No.13436/2024 disposed of on 27.01.2025 and accused No.4 has been granted regular bail by the trial Court. Accused No.5 who is a person with criminal antecedents has been granted regular bail by the co-ordinate Bench of this court in Crl.P.No.13695/2024. 6. Considering the aforesaid aspects of the matter and also taking into consideration that there is no proper - 4 - HC-KAR NC: 2025:KHC:24190 CRL.P No. 4515 of 2025 Test Identification Parade conducted in the present case, accused No.6 was granted regular bail by the co-ordinate Bench of this Court in Crl.P.No.5152/2024 disposed of on 23.10.2024. It is in this background, accused No.1 has been granted regular bail by this Court in Crl.P.No.4742/2025 disposed of on 10.06.2025. Allegation against accused No.1 and the petitioner herein are similar. Therefore, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.131/2024 pending before the Court of III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.3/2024 registered by Bantwala Rural Police Station, Dakshina Kannada District, for offences punishable under Sections 395, 397, 411 of IPC, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:24190 CRL.P No. 4515 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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 KVR List No.: 1 Sl No.: 50