- 1 - NC: 2025:KHC-D:6633 CRL.P No. 101557 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101557 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHARU @ SHARUK S/O. SHAIK MASTAN, AGE: 28 YEARS, OCC. NEAR GOA MEDICAL STORES, DEVINAGAR, BALLARI-583101. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA (BY COWLBAZAR P.S. BALLARI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023 READ WITH UNDER SECTION 439 OF CR.P.C., SEEKING TO ALLOW THE PETITION, GRANT REGULAR BAIL IN CRIME NO. 36/2025 REGISTERED UNDER SEC.TIONS 189(2), 191(2), 191(3), 190, 118(1), 109, 352 OF BNS, REGISTERED BY COWL BAZAR POLICE STATION, BALLARI DISTRICT IN SO FAR AS PETITIONER/ACCUSED NO.11 IS CONCERNED ONLY, PENDING INVESTIGATION AND TRIAL OF THE CASE ON 2ND ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT BALLARI. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:03:27 +0530 - 2 - NC: 2025:KHC-D:6633 CRL.P No. 101557 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 J. Basavaraj, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To allow the petition, grant regular bail in Crime No. 36/2025 registered under Sections 189(2), 191(2), 191(3), 190, 118(1), 109, 352 of BNS, registered by Cowl Bazar Police Station, Ballari District in so far as Petitioner/Accused No.11 is concerned only, pending investigation and trial of the case on 2nd Addl. Civil Judge (Jr.Dn.) and JMFC Court Ballari.” 3. At the outset, Sri Basavaraj would contend that accused Nos.7 to 10 have been granted bail by this Court in Crl.P.No.101486/2025 and present petitioner is - 3 - NC: 2025:KHC-D:6633 CRL.P No. 101557 of 2025 accused No.11 who also stands on the same footing that of the petitioner in this case and therefore, on the ground of parity, petitioner be enlarged on bail. 4. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent did not dispute the grant of bail to accused Nos.7 to 10 in Crl.P. No.101486/2025. 5. On perusal of the role assigned to the present petitioner and the petitioners who have been enlarged on bail in the aforesaid criminal petition, this Court is satisfied that present petitioner who is accused No.11 thus stand on the same footing and therefore, entitled for grant of bail on the ground of parity. 6. Accordingly, the following order is passed. ORDER (i) Criminal Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.1,00,000/- - 4 - NC: 2025:KHC-D:6633 CRL.P No. 101557 of 2025 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 mark his attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (vi) Petitioner shall not leave the Bellary District jurisdiction without prior permission. It is made clear that grant of bail to the present petitioner would not act as ground of parity ipso facto in respect of other petitioners are concerned. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 22