Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 3916 (KAR)

VIRENDRASING BABUSING RAJAUT v. THE STATE OF KARNATAKA

CRL.P/101001/2025 · 2025-03-19

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5058 CRL.P No. 101001 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101001 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: VIRENDRASING BABUSING RAJAUT AGE: 30 YEARS, OCC. AGRICULTURE, R/O. NEAR HANUMAN TEMPLE, ATHANI, TQ. ATHANI, DIST. BELAGAVI-590001. ACCUSED NO.16 AS PER FIR/REMAND REORT PETITIONER BEFORE HIGH COURT …PETITIONER (BY SRI PRAKASH N. HOSAMANE, ADVOCATE AND SRI M.C HUKKERI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI, ATHANI POLICE STATION, REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS 2023, SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.16 ON BAIL IN ATHANI PS CR.NO. 380/2024 IN PENDING ON PRL. CIVIL JUDGE AND JMFC COURT ATHANI, BELAGAVI DISTRICT FOR THE OFFENCE P/U/SECTIONS 115(2), 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 109 AND 352 OF BHARATIYA NYAYA SANHITA (BNS). V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.20 12:24:15 +0530 - 2 - NC: 2025:KHC-D:5058 CRL.P No. 101001 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 Sri Prakash N. Hosamane and Sri.M.C.Hukkeri, learned counsels for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Bail the petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To release the petitioner/accused No.16 on bail in Athani Ps Crl.No. 380/2024 in pending on Prl. Civil Judge and JMFC court Athani, Belagavi District for the offence punishable under Sections 115(2), 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 109 and 352 of Bharatiya Nyaya Sanhita (BNS).” 3. At the outset Sri.P.N.Hosamane would submit that present petitioner is accused No.16 and accused Nos.1 to 15 have already been enlarged on bail by the Co- - 3 - NC: 2025:KHC-D:5058 CRL.P No. 101001 of 2025 ordinate Bench of this Court. As such, on the ground of parity, the present petitioner is also entitled to be enlarged on bail. 4. Per contra, learned High Court Government Pleader opposes the bail grounds. 5. Having heard the arguments, it is noticed that accused No.1 to 15 have already been granted bail by coordinate Bench of this Court after considering the objections of the prosecution. 6. Therefore, without expressing any other opinion on merits of the matter and taking note of role attributed to the present petitioners and accused Nos.1 to 15 who have already been granted bail, petitioner is also entitled for grant of bail on he ground of parity. 7. Accordingly, the following order. ORDER (i) Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.50,000/- with - 4 - NC: 2025:KHC-D:5058 CRL.P No. 101001 of 2025 one surety for the likesum to the satisfaction of the trial Court. (iii) Petitioner shall attend the Court regularly. (iv) Petitioner shall not tamper the prosecution witnesses in any manner. (v) Petitioner shall not leave the Belagavi jurisdiction without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 22