- 1 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103066 OF 2025 C/w. CRIMINAL PETITION NO. 103184 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO. 103066 OF 2025: BETWEEN: 1. MOHAMMAD SHAHID @ JANGALI S/O MOHAMMAD BASHA, AGE. 20 YEARS, OCC. PRIVATE JOB, 2. MOHAMMAD SUHEL S/O DADAPEER, AGE. 21 YEARS, OCC. PRIVATE JOB, BOTH THE PETITIONERS ARE R/O. WARD NO.10, BASHA MAZID, OPP. AREA, RANITOTHA, TQ. BALLARI, DIST. BALLARI-583 101. … PETITIONERS (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PSI BRUCEPET P.S., TQ. BALLARI, DIST. BALLARI, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-583 101. … 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 RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 THE PETITIONERS 1 AND 2/ACCUSED NOS.5 AND 11 RESPECTIVELY IN CRIME NO.53/2025 REGISTERED BY BRUCEPET PS, DIST: BALLARI ON THE FILE OF THE COURT OF I ADDITIONAL CIVIL JUDGE (JR.DN.) BALLARI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 103, 238(C), 61(1), 49 R/W SECTION 190 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 IN CRL. MISC. NO.440/2025 AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO. 103184 OF 2025: BETWEEN: SHIVASHANKAR VARAPRASAD @ CHIRU S/O PETAIAH, AGE. 20 YEARS, OCC. PRIVATE, R/O. WARD NO.10, OPP. VASAPPA COMPOUND, RANITHOTA, TQ. BALLARI, DIST. BALLARI-583 101. … PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BRUCEPET PS, TQ. AND DIST. BALLARI, R/BY ADDL. S.P.P., HIGH COURT PREMISES, 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), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 IN CRIME NO.53/2025 REGISTERED BY BRUCEPET P.S. FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 103(1), 238(A), 61(2)(A), 49 R/W SECTION 190 OF BNS, 2023, PENDING ON THE FILE OF THE COURT OF I ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.4, 5 and 11 in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub- Division, Ballari District for offences punishable under Sections 189(2), 191(2), 191(3), 103, 238(c), 61(1), 49 and 190 of the BNS, 2023, are before this Court in these two criminal petitions filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53 of 2025 was registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District against unknown persons, based on the first information dated 04.04.2025 received from Smt.Neelaveni, wife of the deceased Venkatesh. During the course of investigation, the petitioners herein were arrested on 05.04.2025. After completing investigation, charge sheet has been filed against 11 persons. Accused Nos.9 and 10 are the juvenile accused. Wife of deceased, Smt. Neelaveni, - 4 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 who is the first informant, is arrayed as accused No.1 in the charge sheet. Petitioners herein are arrayed as accused Nos.4, 5 and 11 in the charge sheet. Bail applications filed by the petitioners before the Jurisdictional Sessions Court were rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners are youngsters aged about 21 years, who have no criminal antecedent. Accused Nos.3, 6, 7 and 8 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.102369/2025. Allegation against the petitioners and accused who have been granted bail, are similar. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions, does not dispute the submission made by the learned counsel for the petitioners. 6. Petitioners herein are all aged about 20 to 21 years. Accused No.1 – Smt. Neelaveni is the wife of - 5 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 deceased Venkatesh. In the charge sheet, it is alleged that deceased was suspecting the character of his wife and therefore, accused No.1 had decided to commit his murder and had contacted accused No.2 for the said purpose. It is alleged that accused No.2 thereafter contacted accused Nos.3 to 11 who agreed to assist accused No.2 to commit the murder of the deceased. On the intervening night of 03.04.2025 and 04.04.2025, accused Nos.2 to 11 allegedly had assaulted the deceased and had committed his murder. CWs.11 and 12 are the alleged eye witnesses to the said incident. Their statement was recorded by Police on 06.04.2025 which is after a delay of three days from the date of incident. CWs.11 and 12 had not informed the incident either to the first informant nor they had reported the same to the nearest Police Station and it appears that it is under these circumstances, FIR was registered against unknown persons. Allegation against accused Nos.3, 6, 7 and 8 who have been granted regular bail by the Co- ordinate Bench of this Court in Criminal Petition - 6 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 No.102369/2025 is similar to the allegations found as against the petitioners herein. Material on record would go to show that there is seizure of weapons in the present case at the instance of accused No.3 who has been granted regular bail by the Co-ordinate Bench of this Court in the Criminal Petition No.102369/2025. Undisputedly, petitioners have no criminal antecedent and they were all arrested along with accused Nos.3, 6, 7 and 8 who have been granted regular bail by the Co-ordinate Bench of this Court. Under the circumstances, I am of the opinion that the prayer for grant of regular bail is required to answer affirmatively on the ground of parity. Accordingly, the following: ORDER Criminal Petitions are allowed. Petitioners are directed to be enlarged on bail in in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 189(2), 191(2), 191(3), 103, - 7 - HC-KAR NC: 2025:KHC-D:10353 CRL.P No. 103066 of 2025 C/W CRL.P No. 103184 of 2025 238(c), 61(1), 49 and 190 of the BNS, 2023, subject to the following conditions: i. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners shall not involve in similar offences in future. v. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP & RSH / CT: BCK LIST NO.: 1 SL NO.: 36