- 1 - HC-KAR NC: 2025:KHC:19203 CRL.P No. 5999 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5999 OF 2025 BETWEEN: 1. MR. KAUSHIK, S/O KARUNAKARA AGED ABOUT 33 YEARS R/AT KAUSHIK NILAYA KRIMISHEN COMPOUND BEHIND HINDUSTAN FACTORY BOLOOR, MANGALURU-575 001. …PETITIONER (BY SRI. VISHNU SHARMA B.V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BARKE POLICE STATION D.K. MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGLORE-560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL U/S 439 OF CR.P.C., IN CONNECTION WITH S.C.NO.55 OF 2021 IN CR.NO.44/2020 REGISTERED BY BARKE POLICE STATION ON THE FILE OF IV ADDL. AND SESSIONS JUDGE, D.K., MANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 109, 143, Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19203 CRL.P No. 5999 of 2025 147, 148, 504, 302, 201, 212 R/W SEC. 149 OF IPC AND SECTION 27(1) OF ARMS ACT. 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.5 in S.C.No.55/2021 pending before the Court of IV Additional District and Sessions Judge, D.K., Mangaluru arising out of Crime No.44/2020 registered by Barke Police Station, Dakshina Kannada District for the offences punishable under Sections 120B, 109, 143, 147, 148, 504, 302, 201, 212 read with Section 149 of IPC and Section 27(1) of Arms Act is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.44/2020 registered by Barke Police Station, Mangaluru initially for offence punishable under Section 302 read with Section 34 of IPC against unknown persons based on the first information dated 26.11.2020 received from Kum. Sahana, sister of - 3 - HC-KAR NC: 2025:KHC:19203 CRL.P No. 5999 of 2025 deceased Indrajith. During the course of investigation, petitioner herein was arrested on 28.11.2020 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed against eleven persons. Petitioner is arrayed as accused No.5 in the chargesheet. His bail application filed before the jurisdictional Sessions Court in S.C.No.55/2021 was rejected on 12.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.3 as against whom there is similar allegation in the chargesheet has been granted regular bail by the co-ordinate bench of this Court in Crl.P.No.457/2025 disposed of on 19.02.2025, for the reason that material chargesheet witnesses have not supported the case of prosecution and also considering his period of incarceration. Accordingly he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the - 4 - HC-KAR NC: 2025:KHC:19203 CRL.P No. 5999 of 2025 submissions made by the learned counsel for the petitioner. 6. Material on record would go to show that F.I.R. in the present case was registered against unknown persons. During the course of investigation, petitioner herein was arrested on 28.11.2020. After completion of investigation, chargesheet has been filed against eleven persons. Perusal of the chargesheet would go to show that allegation as against the petitioner and accused No.3 who has been granted regular bail by this Court in Crl.P.No.457/2025 are similar. This Court has granted regular bail to accused No.3 in Crl.P.No.457/2025 by taking into consideration that material chargesheet witnesses examined before the trial Court have not supported the case of prosecution and also taking into consideration the period of his incarceration. The petitioner herein is also in custody for the last more than four years. The allegation against him and accused No.3 are similar. Considering the aforesaid aspects of the matter, I am of - 5 - HC-KAR NC: 2025:KHC:19203 CRL.P No. 5999 of 2025 the opinion that on the ground of parity, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.44/2020 registered by Barke Police Station, Dakshina Kannada for offences punishable under Sections 120B, 109, 143, 147, 148, 504, 302, 201, 212 read with Section 149 of IPC and Section 27(1) of Arms Act 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; - 6 - HC-KAR NC: 2025:KHC:19203 CRL.P No. 5999 of 2025 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 PGG List No.: 1 Sl No.: 65