- 1 - HC-KAR NC: 2025:KHC-D:10299 CRL.P No. 102599 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102599 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SARFARAJ MOHAMMED S/O IQBALSAB KALADAGI, AGED ABOUT 44 YEARS, OCC. CENTERING LABOUR, R/O. WARD NO.3, CHINAGUNDI PLOT, VILLAGE KERUR, TAL. BADAMI, DIST. BAGALKOT-587 206. … PETITIONER (BY SRI. KIRAN M. GOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH GANGAVATHI POLICE STATION, GANGAVATHI), REP. BY H.C.G.P., HIGH COURT BUILDING, BENCH 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, 2023), PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.4 IN GANGAVATHI TOWN POLICE STATION CRIME NO.94/2025 DATED 02.05.2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 179 AND 180 OF BHARTIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10299 CRL.P No. 102599 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.4 in Crime No.94 of 2025 registered by Gangavathi Town Police Station, Koppal for offences punishable under Sections 179 and 180 of BNS 2023 is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.94 of 2025 was registered by Gangavathi Town Police Station, Koppal, for the aforesaid offences against Khalandar and another based on the first information dated 02.05.2025 received from Gangadhara. During the course of investigation, petitioner was arrested on 04.05.2025 and subsequently remanded to judicial custody. He was arrayed as accused No.4 in the remand application. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.113/2025 was rejected on 23.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10299 CRL.P No. 102599 of 2025 4. Learned counsel for the petitioner submits that, in the present case, charge sheet has been filed as against 10 persons and except the petitioner, all the other accused have been granted regular bail at the crime stage by this Court. Petitioner has no criminal antecedent. His name is not found in the FIR. Accused Nos.1 and 2 who are named in the FIR are already enlarged on regular bail. Accordingly, he prays to allow the petition. 5. Learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that accused Nos.1 and 2 had gone to the Bar and Restaurant, and after purchasing liquor, they had handed over three currency notes of Rs.500/- to the first informant, which were found to be counterfeit notes. It is under these circumstances, the first informant approached the police. Undisputedly, petitioner’s name is not found in the FIR. It is also not in dispute that except the petitioner, - 4 - HC-KAR NC: 2025:KHC-D:10299 CRL.P No. 102599 of 2025 all the other accused have been granted regular bail by this Court at the crime stage. It is also not in dispute that counterfeit notes were seized from all the accused who have been granted regular bail in the present case. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner who has no criminal antecedents for grant of 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 Crime No.94 of 2025 registered by Gangavathi Town Police Station, Koppal for offences punishable under Sections 179 and 180 of BNS 2023, subject to the following conditions: i. The petitioner – accused 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; - 5 - HC-KAR NC: 2025:KHC-D:10299 CRL.P No. 102599 of 2025 ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK-para 1 to 4 VMB-para 5 till end CT:BCK LIST NO.: 1 SL NO.: 19