- 1 - HC-KAR NC: 2025:KHC:24685 CRL.P No. 7048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7048 OF 2025 BETWEEN: SRI BASAVARAJA S/O. RANGASWAMY AGED ABOUT 22 YEARS OCCUPATION: COOLIE RESIDING AT MALAYANURU KUNDURPI TALUK ANANTAPUR DISTRICT-515 766. …PETITIONER (BY SRI BHASKAR C.R., ADVOCATE) AND: STATE BY PARASHURAMAPURA POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDI BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) OF THE CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.178 OF 2024 (C.C.NO.230 OF 2025) FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1), 49 R/W SECTION 3(5) OF BNS 2023 REGISTERED BY THE PARASHURAMAPURA POLICE STATION, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND C.J.M COURT, CHALLAKERE, CHITRADURGA DISTRICT. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24685 CRL.P No. 7048 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Crime No.178/2024 registered by Parasurampura Police Station, Chitradurga District for the offence punishable under Sections 103(1), 49 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.178/2024 was registered by Parasurampura Police Station, Chitradurga District, against the petitioner herein for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, on the basis of the first information dated 18.12.2024 received from Nagaraja N., who is the brother of deceased Gittharaja N. 4. During the course of investigation of the case, petitioner herein was arrested on 21.12.2024 and subsequently, remanded to judicial custody. After - 3 - HC-KAR NC: 2025:KHC:24685 CRL.P No. 7048 of 2025 completing the investigation, charge sheet has been filed against four persons and petitioner has been arraigned as accused No.3 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.177/2025 was rejected on 04.04.2025. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that, FIR was initially registered against unknown persons after the dead body of the deceased Githaraja N., was found on 19.12.2024. In the charge sheet it is alleged that, Githaraja had illicit relationship with C.W.11 – Susheela N. and he was also teasing C.W.12 who is the daughter of accused No.4 – Sudhamma. It is under these circumstances, accused No.4 allegedly had instigated accused Nos.1 to 3 to commit the murder of Girtharaja N. and in furtherance of such conspiracy, accused Nos.1 to 3 allegedly had assaulted the deceased with a machete on 19.12.2024 and committed his murder. - 4 - HC-KAR NC: 2025:KHC:24685 CRL.P No. 7048 of 2025 6. Allegations against accused Nos.1 to 3 in the charge sheet is similar and entire case of the prosecution is based on circumstantial evidence. Accused No.1 has been granted regular bail in Crl.P.No.5132/2025 disposed of on 05.06.2025. Therefore, on the ground of parity, petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.178/2024 registered by Parasurampura Police Station, Chitradurga District for the offence punishable under Sections 103(1), 49 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the - 5 - HC-KAR NC: 2025:KHC:24685 CRL.P No. 7048 of 2025 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KAV List No.: 1 Sl No.: 60