- 1 - HC-KAR NC: 2025:KHC-D:10168 CRL.P No. 102959 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102959 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI ARBAJ S/O. RAJMOHAMMED SAYYAD @ MUJA, AGE. 24 YEARS, OCC. DRIVER, R/O. HOSABHAYI SAVANT COLONY, SAAKHARWADI, NIPPANI, TQ. NIPPANI AND DIST. BELAGAVI, PIN CODE-591 237. … PETITIONER (BY SRI. KAROSHI PRAVEEN ANAND, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, DHARWAD BENCH, THROUGH NIPPANI TOWN P.S., DIST. BELAGAVI-591 237. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYS THAT THE BENEFIT PROVIDED UNDER SECTION 483 OF BNSS (UNDER SECTION 439 OF CR.P.C) MAY BE GIVEN. THIS PETITIONER/ ACCUSED NO.10 MAY BE ORDERED TO BE RELEASED ON REGULAR BAIL IN NIPPANI TOWN P.S. CRIME.NO.61/2024 UNDER SECTIONS 189(2), 191(2), 191(3) 61(2)(A), 103, 238, R/W SECTION 190 AND 49, 3(5) OF B.N.S. 2023. AND THE CASE WAS PENDING BEFORE THE COURT VIITH ADDL. SESSIONS JUDGE, BELAGAVI AT CHIKKODI IN SC NO.5002/2025, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10168 CRL.P No. 102959 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.10 in S.C. No.5002 of 2025 pending before the Court of VII-Additional Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.61 of 2024 registered by Nippani Town Police Station, Nippani Circle, Belagavi District for offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 103, 238 read with Sections 190 and 49, 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.61 of 2024 was registered by Nippani Town Police Station, Nippani Circle, Belagavi District for the aforesaid offences against Atish Belekar and others based on the first information dated 02.10.2024 received from Saifali Sherali Nagarji, who is the brother of the deceased Ashrafali Sherali Nagarji. During the course of investigation of the case, the petitioner herein was arrested - 3 - HC-KAR NC: 2025:KHC-D:10168 CRL.P No. 102959 of 2025 on 05.10.2020 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed in the present case against thirteen persons and the petitioner is arrayed as accused No.10 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner’s name is not found in the FIR. The allegation against the petitioner is similar to the allegations found in the charge sheet against accused Nos.9 and 11, who have been granted regular bail by this Court in Criminal Petition No.102252 of 2025 and Criminal Petition No.102694 of 2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has not seriously disputed the said submission. 6. The material on record would go to show that the allegation of assaulting the deceased Ashrafali Sherali - 4 - HC-KAR NC: 2025:KHC-D:10168 CRL.P No. 102959 of 2025 Nagarji is found 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 Nos.9 and 11 have been granted regular bail by this Court. 7. Under the circumstances, on the ground of parity, even the petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner – accused No.10 is directed to be enlarged on bail in S.C. No.5002 of 2025 pending before the Court of VII-Additional Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.61 of 2024 registered by Nippani Town Police Station, Nippani Circle, Belagavi District for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 103, 238 read with Sections 190 and 49, 3(5) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:10168 CRL.P No. 102959 of 2025 (a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future. (e) The petitioner 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 / CT: BCK List No.: 1 Sl No.: 21