- 1 - NC: 2025:KHC-D:5548 CRL.P No. 100412 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.100412 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SURESH D @ SURI S/O. DADAPURA KARIYAPPA, AGED ABOUT 40 YEARS, 2. MANJUAPPA S/O. MARI KENCHAPPA, AGED ABOUT 45 YEARS, BOTH ARE RESIDENT AT: RAGIMASALAVADA VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGAR DISTRICT-583137. …PETITIONERS (BY SRI CHAKRAVARTHY T.S., ADVOCATE) AND: STATE OF KARNATAKA HALAVAGALU POLICE STATION, REPRESENTED BY ITS S.P.P., KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER NO.1 AND 2/ACCUSED NO.1 AND 2 ON BAIL IN CR.NO.20/2024 IN HALAVAGILU POLICE STATION AND S.C. NO.5045/2024 ON THE FILE OF HON’BLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BALLARI (SITTING AT HOSAPETE) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 504, 302 R/W. 34 OF IPC. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.27 15:30:17 +0530 - 2 - NC: 2025:KHC-D:5548 CRL.P No. 100412 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard. 2. During the course of argument, memo came to be filed. Memo reads as under: “ It is submitted that, the petitioner No.1 C.Suresh @ Suri has been withdrawal of the petition and has prays to liberty to move the bail application soon after the material witnesses to before Sessions Judge, in the ends of justice.” 3. Placing the memo on record, petition against first petitioner is dismissed. 4. Having heard the arguments of both sides, this Court noted that bail petition filed by the accused No.2 needs to be allowed on the ground of parity as accused Nos.3 and 4 have been granted bail by the Co-ordinate - 3 - NC: 2025:KHC-D:5548 CRL.P No. 100412 of 2025 Bench of this Court in Crl.P.No.101699/2024 dated 19.06.2024. 5. However, Smt. Girija S. Hiremath, learned High Court Government Pleader tried to distinguish the role assigned to the accused No.2 and for opposing the grant of bail on the ground of parity. 6. This Court perused the material on record in the light of the written objections filed by the learned High Court Government Pleader. 7. On such perusal, there is sufficient force in the argument that is put forth on behalf of the accused No.2 that role assigned to accused No.2 and the accused Nos.3 and 4 who have been granted bail as referred to supra are practically one and the same. Material on record depicts individual overt act is only as against the accused No.1. 8. No doubt, the prosecution has invoked Section 34 IPC as well. But, taking note of the fact that the accused Nos.3 and 4 have been granted bail after entertaining the objections filed on behalf of the prosecution, this Court is of the considered opinion that - 4 - NC: 2025:KHC-D:5548 CRL.P No. 100412 of 2025 test of parity would come in aid insofar as accused No.2 is concerned. 9. Apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions, insofar as accused No.2 is concerned. 10. Accordingly, the following order: ORDER i) Bail petition as against the first petitioner is dismissed as withdrawn with liberty as prayed for. ii) Petition as against second petitioner is allowed. iii) Second petitioner is ordered to be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. iv) Second petitioner shall not tamper the prosecution witnesses in any manner. - 5 - NC: 2025:KHC-D:5548 CRL.P No. 100412 of 2025 v) Second petitioner shall attend the Court regularly. vi) Second petitioner shall not leave the jurisdiction of Bellari-Vijayanagar District without prior permission. vii) Violation of anyone of the condition would entitle the prosecution to seek for cancellation of bail insofar as petitioner No.2 is concerned. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 9