- 1 - NC: 2025:KHC-D:5623 CRL.P No. 100167 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100167 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ABDULKHADAR S/O. JAFARSAB HANCHINAMANI, AGED ABOUT 28 YEARS, OCC. AUTO DRIVER, R/O. HIRUR, TQ. HANGAL, DIST. HAVERI. …PETITIONER (BY SRI ARAVIND D. KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH HANGAL POLICE STATION, HANGAL, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS 2023 ( U/S.439 OF CR.P.C.), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN S.C. NO.33/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 448, 323, 324, 307, 341, 363, 376D, 504, 506, 354(A), 354(B), 120B, R/W 34, 149 OF IPC, PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1, HAVERI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.27 15:28:53 +0530 - 2 - NC: 2025:KHC-D:5623 CRL.P No. 100167 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Aravind D. Kulkarni, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition by accused No.4 under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: “To allow the petition and enlarge the petitioner/accused No.4 on bail in S.C. No.33/2024 registered for the offences punishable under Sections 143, 147, 148, 448, 323, 324, 307, 341, 363, 376d, 504, 506, 354(A), 354(B), 120B, R/W. 34, 149 of IPC, pending on the file of Additional .District and Sessions Judge, FTSC-1, Haveri.” 3. Facts in brief which are necessary for disposal of the petition are as under: 4. In respect of Crime No.12/2024 of Hanagal Police Station for the offences punishable under Sections 143, 147, 148, 448, 323, 324, 307, 341, 363, 376D, 504, - 3 - NC: 2025:KHC-D:5623 CRL.P No. 100167 of 2025 506, 354(A), 354(B) and 120B read with Section 149 of IPC, petitioner has sought for bail. 5. Investigation has been completed and charge sheet came to be filed. The statement of victim lady was recorded under Section 164 of Cr.P.C., where no role is assigned to the present petitioner. Request made by the petitioner for grant of bail is rejected by the Trial Judge. Thereafter petitioner is before this Court. 6. Sri Aravind D. Kulkarni, learned counsel for petitioner would contend that the role assigned to the present petitioner even according to the prosecution is instigating the other accused for the alleged incident. 7. He also places reliance on the orders passed by this Court in Crl.P.Nos.102184/2024, 101620/2024 and 101615/2024 wherein the co-accused persons have been granted bail. 8. He would further contend that in fact the overt acts alleged against those accused persons are little higher - 4 - NC: 2025:KHC-D:5623 CRL.P No. 100167 of 2025 than the overt act that has been attributed to the present petitioner and therefore, on the ground of parity, the present petitioner is also entitled to be enlarged on bail. 9. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent would oppose the bail grounds. 10. In the light of the rival contentions, this Court perused the material on record meticulously. 11. On such perusal of the material on record, this Court is satisfied that the test of parity would pass insofar as the petitioner is concerned in the case on hand inasmuch as the other accused persons who have been enlarged on bail are alleged with specific overt acts whereas the role attributed to the present petitioner is restricted only to the extent of instigating the other accused persons. - 5 - NC: 2025:KHC-D:5623 CRL.P No. 100167 of 2025 12. Further, apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 13. Without expressing further opinion on the merits of the matter, bail request of the petitioner is allowed on the ground of parity alone. 14. Accordingly, following order is passed. ORDER (i) The criminal petition is allowed. (ii) The Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.2,00,000/- [Rupees Two Lakh only] with two sureties for the likesum to the satisfaction of the learned Trial Court. (iii) The petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) The petitioner shall not indulge in similar offences. - 6 - NC: 2025:KHC-D:5623 CRL.P No. 100167 of 2025 (vi) Petitioner shall not leave the jurisdiction of Haveri District without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 7