- 1 - NC: 2025:KHC-D:1432 CRL.P No.103662 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103662 OF 2024 [439(Cr.PC)/483(BNSS)] BETWEEN: ANAND @ BELLI S/O. RAVI BELAGALI, AGE: 20 YEARS, OCC. COOLIE, R/O. HALADIPURA, AT PRESENT RESIDING AT RAMANABAILU, TQ. SHIRSI, DIST. UTTAR KANNADA-581401. … PETITIONER (BY SRI NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA THROUGH BYADGI POLICE STATION, REPTD. BY ADDL. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN S.C. NO.86/2023 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR IN CRIME NO.121/2023 BYADAGI P.S. FOR THE OFFENCE PUNISHABLE U/S. 399 AND 402 R/W. 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.25 16:31:39 +0530 - 2 - NC: 2025:KHC-D:1432 CRL.P No.103662 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 439 of Criminal Procedure Code (for short, ‘Cr.PC’) for grant of regular bail in Crime no.121/2023 by Byadagi Police Station for offences punishable under Sections 399 and 402 of Indian Penal Code (for short, ‘IPC’) by accused no.2 (petitioner). 2. Sri Naveen Chatrad, learned counsel for petitioner submitted that bail petition filed by accused no.3 before this Court in Crl.P.no.102836/2024 was allowed on 09.01.2025 on ground that arrest was made without registration of complaint though information received was for offences were cognizable. Since said ground would inure to all accused. Therefore, learned counsel sought bail on ground of parity. 3. Smt.Girija S.Hiremath, learned HCGP for respondent – State is unable to countenance submission. 4. In view of above, not only on ground of parity but also on ground that arrest is defective, petitioner is entitled for bail. 5. Hence, this: - 3 - NC: 2025:KHC-D:1432 CRL.P No.103662 of 2024 ORDER Petition is allowed. Petitioner/accused no.2 shall be released on bail in Crime no.121/2023 of Byadagi Police Station for offences punishable under Sections 399 and 402 of IPC, subject to following conditions: a) He shall execute a personal bond for Rs.1,00,000/- with two sureties of likesum to satisfaction of trial Court. b) He shall not leave travel outside Karnataka State without prior permission. c) He shall not directly or indirectly threaten or tamper prosecution witnesses. d) He shall not indulge in any criminal activities. e) He shall attend Court proceedings regularly. f) He shall mark his attendance at 11:00 a.m. on every alternative Saturday before Byadagi Police Station. g) Violation of any of conditions would entitle cancellation of bail. h) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA List No.: 1 Sl No.: 7