Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20365 CRL.P No. 6506 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6506 OF 2025 BETWEEN: SHARATH S/O SURESHA AGED ABOUT 29 YEARS RESIDING AT HANDINAKERE VILLAGE KASABA HOBLI, HASSAN TALUK PIN CODE (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI RAVITA MANJUNATH JADHAV, ADV.) AND:
THE STATE OF KARNATAKA BY HASSAN RURAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITIONER AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.10/2025 OF HASSAN RURAL POLICE STATION, FOR THE ALLEGED OFFENCE P/US/ 103(1),238 R/W SEC.3(5) OF BNS PENDING ON THE FILE OF THE HONBLE ADDL.
CIVIL JUDGE AND JMFC AT HASSAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:20365 CRL.P No. 6506 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.2 in Crime No.10/2025 registered by Hassan Rural Police Station, Hassan, for the offences punishable under Sections 103(1), 238 read with Section 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.10/2025 was registered by Hassan Rural Police Station, Hassan, against unknown persons based on the first information dated 12.01.2025 received from Manjegowda S/o Sannegowda, who is the father of deceased Shivakumar alleging that Shivakumar was found missing from 10.01.2025 onwards. Subsequently, it appears that dead body of the deceased was traced. Petitioner herein was arrested on 24.01.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.265/2025 was rejected on
03.04.2025. Therefore, he is before this Court.
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HC-KAR NC: 2025:KHC:20365 CRL.P No. 6506 of 2025
4.
Learned counsel for the petitioner submits that accused Nos.1 and 3, who were arrested in the present case have been granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.454/2025 and Crl.Misc.No.422/2025. He submits that allegation against the petitioner and accused Nos.1 and 3, who were arrested and granted regular bail in the present case are similar. He also submits that petitioner has no other criminal antecedents.
5. The said submission made by learned counsel for the petitioner is not disputed by learned HCGP. On the other hand, she states that allegation against the petitioner and accused Nos.1 and 3, who have been granted regular bail are similar.
6. The submission made by learned HCGP is taken on record. Therefore, the petitioner is entitled for grant of regular bail on the ground of parity. Accordingly, the following order:-
7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.10/2025 registered by Hassan Rural Police Station, Hassan, for the offences punishable under
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HC-KAR NC: 2025:KHC:20365 CRL.P No. 6506 of 2025
Sections 103(1), 238 read with Section 3(5) of BNS, 2023, subject to the following conditions:
a) Petitioner shall execute a 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;
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
DN