- 1 - HC-KAR NC: 2025:KHC-D:9447 CRL.P No. 102694 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102694 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ANIKETA KRISHNA GHODAGERI, AGE: 22 YEARS, OCC: FABRICATION, R/O: MAHAT GALLI NIPPANI, TQ: NIPPANI, DIST: BELAGAVI. … PETITIONER (BY SMT. PRIYANKA H. PAWAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH NIPANI TOWN POLICE, TQ: NIPANI, DIST: BELAGAVI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, 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 THAT THE APPLICATION UNDER SECTION 483 OF B.N.S.S MAY BE ALLOW AND MAY BE PETITIONER IS RELEASED ON BAIL IN NIPPANI TOWN P.S. CRIME NO.61/2024 IN S.C. NO.5002/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 189(2), 191(2), 191(3), 61(2)(A), 103, 238, 49, 3(5) R/W 190 BNS, 2023 WHICH WAS CASE IS PENDING BEFORE THE VII ADDL. SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9447 CRL.P No. 102694 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.11 in S.C. No.5068/2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.61/2024 registered by Nippani Town Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 103, 238, 49, 3(5) read with Section 190 of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that allegation as against petitioner and accused No.9 is similar in the charge sheet. Petitioner has no other criminal antecedents. Accused No.9 had been granted regular bail by the co-ordinate Bench of this Court in Criminal Petition No.102252/2025 disposed of on 02.07.2025. - 3 - HC-KAR NC: 2025:KHC-D:9447 CRL.P No. 102694 of 2025 4. Per contra, learned HCGP, who has opposed the bail petition, however, fairly submits that allegation as against the petitioner and the accused No.9 is similar in the charge sheet. 5. Perusal of the material on record would go to show that allegation of assaulting deceased Ashraf Ali is as against accused Nos.1 to 5 and 7. Accused Nos.6 and 8 to 11 were merely present at the spot of crime and were watching the incident. It is under these circumstances, accused No.9 has been granted regular bail by this Court in Criminal Petition No.102252/2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5068/2025 pending before the Court of VII Additional - 4 - HC-KAR NC: 2025:KHC-D:9447 CRL.P No. 102694 of 2025 District and Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.61/2024 registered by Nippani Town Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 103, 238, 49, 3(5) read with Section 190 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall not tamper the prosecution witnesses directly or indirectly. iii. The petitioner shall attend the jurisdictional Court regularly without fail. iv. The petitioner shall not involve in the similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 26