- 1 - NC: 2025:KHC-D:6556 CRL.P No. 101504 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101504 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: AFZAL MUJAWAR S/O. MODIN MUJAWAR, AGE: 26 YEARS, OCC. PAILWAN, R/O. ASANGI TURK, TQ. JATH, DIST. SANGLI-416412. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH PSI, AIGALI POLICE STATION, NOW R/BY. ITS ADDITIONAL STATE PUBLIC PROSECUTOR, S.P.P. OFFICE, HIGH COURT OF KARNATAKA, 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 2023), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN CRIME NO.112/2024 OF AIGALI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(3), 238, R/W. 190 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.17 14:50:11 +0530 - 2 - NC: 2025:KHC-D:6556 CRL.P No. 101504 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sabeel Ahmed, learned counsel 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 enlarge the Petitioner/Accused No.4 on regular bail in Crime No.112/2024 of Aigali Police Station for the alleged offences punishable under Sections 189(2), 191(3), 238, R/W. 190 of BNS 2023.” 3. Present petitioner is the accused No.4 in the charge sheet filed pursuant to the Crime No.112/2024 for the offences under Section 189(2), 191(3), 126(2), 49, 140(1), 115(2), 103(1), 238 R/W 190 of Bharatiya Nyaya Sanhita, 2023. - 3 - NC: 2025:KHC-D:6556 CRL.P No. 101504 of 2025 4. At the outset, Sri Sabeel Ahmed would contend that other accused persons have been granted bail by the coordinate bench of this Court which are annexed to the present petition in Crl.P.No.100926/2025 and Crl.P. No.100321/2025. As such Sri.Sabeel Ahamed would request to consider the bail request of the petitioner solely on the ground of parity. 5. Learned High Court Government Pleader did not dispute the grant of bail to the co-accused persons who stand on the same footing with that of present petitioner by considered order. 6. 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 role assigned to the present petitioner and the persons who have already been granted bail are practically one and the same. - 4 - NC: 2025:KHC-D:6556 CRL.P No. 101504 of 2025 7. Hence, following order is passed. ORDER (i) Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.1,00,000/- with two sureties 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. (vi) Petitioner shall not indulge in any criminal activities. 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.: 14