Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 48093 (KAR)

MUJAHID S/O. MAIBUBSAB MANNUR v. THE STATE OF KARNATAKA

CRL.P/102224/2025 · 2025-07-01

Venkatesh Naik T

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:8249 CRL.P No. 102224 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102224 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: MUJAHID S/O. MAIBUBSAB MANNUR, AGE: 24 YEARS, OCC: AGRICULTURE, R/O. NAGARHALLI, TQ. SINDAGI, DIST. VIJAYAPUR-586128. …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (AIGALI POLICE STATION), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/S.482 OF BNSS), SEEKING TO ISSUE A DIRECTION TO THE AIGALI POLICE STATION, TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED NO.6 ON BAIL IN THE EVENT OF HIS ARREST BY THE AIGALI POLICE IN CONNECTION WITH AIGALI P.S. CRIME NO.112/2024, DATED 30.07.2024, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, ATHANI, DIST. BELAGAVI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(3), 126(2), 49, 140(1), 115(2), 103(1), 238 R/W. SECTION 190 OF BNS 2023, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8249 CRL.P No. 102224 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.R.H.Angadi, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State. 2. Petitioner/accused No.6 has filed this petition under Section 438 of the Cr.P.C. / 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) seeking grant of anticipatory bail in C.C.No.2884/2024 pending on the file of the learned Prl. Civil Judge and JMFC, Athani for the offences punishable under Sections 189(2), 191(3), 126(2), 49, 140(1), 115(2), 103(1), 238 read with Section 190 of Bharatiya Nyaya Sanhit, 2023 (for short, ‘the BNS’). 3. Learned counsel for the petitioner contended that other accused persons (accused Nos.3 to 5) have been granted bail by the Co-ordinate Bench of this Court which are annexed to the present petition in Crl.P.No.100926/2025, Crl.P.No.100321/2025 and - 3 - HC-KAR NC: 2025:KHC-D:8249 CRL.P No. 102224 of 2025 Crl.P.No.101504/2025. As such, Sri.R.H.Angadi, learned counsel for the petitioner would request to consider the bail of the petitioner solely on the ground of parity, as the allegation against accused Nos.3 to 5 as that of petitioner/accused No.6 stands on the same footing. 4. Learned High Court Government Pleader for respondent-State did not dispute the grant of bail to the co-accused persons, who stand on the same footing. 5. Taking note of the same, petitioner is also entitled for grant of bail solely on the ground of parity without further discussion on the merits of the matter, as the role assigned to the present petitioner and the persons who have already been granted bail are practically one and the same. Hence, I proceeds to pass the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail on executing bond in a sum of - 4 - HC-KAR NC: 2025:KHC-D:8249 CRL.P No. 102224 of 2025 Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall attend the court regularly. iv. The petitioner shall not tamper prosecution witnesses in any manner. v. The petitioner shall not leave the jurisdiction of Belagavi District without prior permission. vi. The petitioner shall not indulge in any criminal activities. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 48