- 1 - HC-KAR NC: 2025:KHC:19331 CRL.P No. 6954 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. 6954 OF 2025 BETWEEN: SMT. PRATHIMA W/O BALAKRISHNA AGE 33 YEARS R/AT GUNDYADKA DEPOOTHE AJEKAR, MARNE VILLAGE, UDUPI DISTRICT - 574 101. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA AJEKAR POLICE STATION UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.11/2025 IN CR.NO.36/2024 OF AJEKAR P.S., REGISTERED AGAINST HIM FOR THE OFFENCES P/U/S 61(1)(a),103,238,3(5) OF BNSS, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS COURT, UDUPI (SITTING AT KARKALA). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19331 CRL.P No. 6954 of 2025 ORAL ORDER Accused No.1 in S.C.No.11/2025 pending before the Court of II Addl. District and Sessions Judge, Udupi District (sitting at Karkala), arising out of Crime No.36/2024 registered by Ajekar Police Station, Udupi District for offences punishable under Sections 61(1)(a), 103, 238 R/w 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.36/2024 was registered by Ajekar Police Station, Udupi District initially for the offence punishable under Sections 61(1)(a), 103 R/w 3(5) of BNS, 2023 against the petitioner herein and another on the basis of first information dated 24.10.2024 received from Sri Ramakrishna S/o Sanjeev Salyan. During the course of investigation, the petitioner who was arraigned as accused No.1 in the FIR was arrested on 25.10.2024 and subsequently remanded to judicial custody. After - 3 - HC-KAR NC: 2025:KHC:19331 CRL.P No. 6954 of 2025 completing investigation, charge sheet has been filed against two persons, the petitioner herein is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner in S.C.No.11/2025 before the Jurisdictional Sessions Court was rejected on 29.04.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that allegation against accused Nos.1 and 2 in the charge sheet are identical. Accused No.2 has been granted regular bail by this Court in Crl.P.No.3861/2025. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that, allegation as against the petitioner and accused - 4 - HC-KAR NC: 2025:KHC:19331 CRL.P No. 6954 of 2025 No.2 is similar in the charge sheet. Accused No.2 has been granted regular bail by this Court in Crl.P.No.3861/2025 disposed of on 01.04.2025. The petitioner, who is a lady aged about 33 years is in custody for the last more than seven months. Investigation of the case is complete and charge sheet has been filed. Since accused No.2 as against whom similar allegations are found in the charge sheet has been granted regular bail by this Court, the prayer made by the petitioner, who is a lady for grant of regular bail needs to be answered affirmatively on the ground of parity as well as considering the proviso to Section 480 of BNS, 2023. 7. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.11/2025 pending before the Court of II Addl. District and Sessions Judge, Udupi District (sitting at Karkala), arising out of Crime No.36/2024 registered by - 5 - HC-KAR NC: 2025:KHC:19331 CRL.P No. 6954 of 2025 Ajekar Police Station, Udupi District for offences punishable under Sections 61(1)(a), 103, 238 R/w 3(5) of BNS, 2023, subject to the following conditions: a) The 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 her 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 NMS