- 1 - HC-KAR NC: 2025:KHC-D:9312 CRL.P No. 102652 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102652 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: B. NOOR MUSTAFA, AGED ABOUT 56 YEARS, S/O. B. KHAJA AMEENSAB, R/AT: SMIORE COLONY, NEAR VENKATESHWARA TEMPLE, TQ: SANDUR, DIST: BALLARI. … PETITIONER (BY SRI. SADDAM HUSSAIN DARVASEB, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANGAVATHI TOWN POLICE STATION, GANGAVATHI, DIST: KOPPAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BUILDING, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CRIME NO.94/2025 GANGAVATI TOWN P.S. PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, GANGAVATHI FOR THE ALLEGED OFFENCES UNDER SECTIONS 179, 180 OF BNS WITH SUCH OTHER TERMS AND CONDITIONS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9312 CRL.P No. 102652 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.94 of 2025 registered by Gangavathi Town Police Station, Koppal District for the offences punishable under Sections 171 and 180 of the BNS, 2023 is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.94 of 2025 was registered by Gangavathi Town Police Station, Koppal District for the aforesaid offences against Khalandar Aravind and the petitioner herein based on the first information dated 02.05.2025, received from Gangadhara S/o. Veereshappa. During the course of investigation, accused Nos.1 and 2 named in the FIR were arrested and remanded to the judicial custody. The bail application filed by the petitioner - 3 - HC-KAR NC: 2025:KHC-D:9312 CRL.P No. 102652 of 2025 before the Jurisdictional Sessions Court in Crl. Misc. No.492/2025 was rejected on 25.06.2025. Therefore, he is before the court. 4. A perusal of the material available on record would go to show that the allegation against accused Nos.1 and 2 is similar in the first information. It is alleged that accused Nos.1 and 2 had together gone to a Bar and Restaurant and had tendered three notes of ₹.500/- denomination, which was found to be counterfeit notes. It is under these circumstances, the FIR was registered against accused Nos.1 and 2 and they were arrested on 02.05.2025. 5. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.102021 of 2025, disposed of on 11.06.2025. It is not in dispute that the petitioner has no other criminal antecedents. Therefore, I am of the opinion that, on the ground of parity, the prayer made by - 4 - HC-KAR NC: 2025:KHC-D:9312 CRL.P No. 102652 of 2025 the petitioner for grant of bail is required to be answered affirmatively. Accordingly, the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner / accused No.2 is directed to be enlarged on bail in Crime No.94/2025 registered by Gangavathi Town Police Station, Koppal District for the offences punishable under Sections 171 and 180 of the BNS, 2023, subject to the following conditions: (a) The petitioner / accused No.2 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; (b) The petitioner / accused No.2 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 / accused No.2 shall not directly or indirectly threaten - 5 - HC-KAR NC: 2025:KHC-D:9312 CRL.P No. 102652 of 2025 or tamper with the prosecution witnesses; (d) The petitioner / accused No.2 shall not involve in similar offences in future. (e) The petitioner / accused No.2 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 26