- 1 - NC: 2025:KHC-D:7190 CRL.P No. 101496 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101496 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SHRI. RAMESH S/O. MARUTI KAMBLE, AGE: 38 YEARS, OCC: AGRICULTURE, R/O:CHINAGUNDI, TQ: JAMAKHANDI, DIST: BAGALKOT – 587 301. 2. SHRI. SACHIN S/O. RAMAPPA KAMBLE, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: CHINAGUNDI, TQ: JAMAKHANDI, DIST: BAGALKOT – 587 301. …PETITIONERS (BY SRI. ANIL KALE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GHATPRABHA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 580 011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO RELEASE THE PETITIONERS/ACCUSED NO.3 AND 4 ON BAIL IN GHATAPRABHA P.S. CR.NO. 36/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 140(2), 351(2), 3(5) OF THE BHARTIYA NYAYA SANHITA (BNS), 2023 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC GOKAK, ON SUCH TERMS AND CONDITIONS AS DEEMED FIT, IN THE INTEREST OF JUSTICE. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7190 CRL.P No. 101496 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioners-accused Nos.3 and 4 are before this Court seeking for grant of regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) in connection with Crime.No.36/2025 of Ghataprabha P.S. in Gokak taluk, pending on the file of Additional Civil Judge (Jr.Dn) and JMFC, Gokak, for the offence punishable under Sections 140(2), 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS, 2023” for short). 2. Learned High Court Government Pleader has filed statement of objections objecting the grant of bail. 3. Heard the learned counsel appearing for petitioners and learned High Court Government Pleader for State and perused the material on record. 4. Learned counsel for the petitioners submits that in Crl.Misc.Nos.8028/2025 and 8041/2025, accused Nos.8 and 9 have been granted anticipatory bail by the Sessions Court, while accused Nos.5 and 7 have been granted regular bail by - 3 - NC: 2025:KHC-D:7190 CRL.P No. 101496 of 2025 this Court in Criminal Petition No.101384/2025 connected with Criminal Petition No.101487/2025. 5. It is therefore submitted that accused Nos.3 and 4, being similarly placed, are also entitled to grant of bail on the principle of parity. It is further submitted that accused Nos.3 and 4 have been arrested on 19.02.2025 since then, they are in Judicial Custody, they are not required for any further investigation. 6. A perusal of FIR and complaint reveals that the names of these accused Nos.3 and 4 do not appear therein and FIR was initially registered against unknown persons. Considering the nature and gravity of offence, the subsequent implication of accused Nos.3 and 4 in the charge sheet, the fact that two co-accused have been granted anticipatory bail by the trial Court and two others have been released on regular bail, and the absence of any antecedents against the accused Nos.3 and 4, they are entitled to be released on bail and the following: - 4 - NC: 2025:KHC-D:7190 CRL.P No. 101496 of 2025 ORDER i. The Criminal petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 is hereby allowed. ii. The petitioners-accused Nos.3 and 4 shall be released on bail in connection with the Crime.No.36/2025 subject to following conditions: a. The petitioners-accused Nos.3 and 4 shall furnish personal bond to a sum of Rs.50,000/- with two sureties of likesum to the satisfaction of the trial Court. b. The petitioners-accused Nos.3 and 4 shall not directly or indirectly influence the prosecution witnesses. c. The petitioners-accused Nos.3 and 4 shall not leave the jurisdiction of the Court without prior permission. d. The petitioners-accused Nos.3 and 4 shall not tamper with the prosecution witnesses or hamper the investigation in any manner. - 5 - NC: 2025:KHC-D:7190 CRL.P No. 101496 of 2025 Any violation of the above conditions will entail the prosecution to seek cancellation of bail. _________Sd/-_________ JUSTICE K.S.HEMALEKHA PMP CT-ASC List No.: 1 Sl No.: 3