- 1 - HC-KAR NC: 2025:KHC:45401 CRL.A No. 2039 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2039 OF 2025 (U/S 14(A) (2)) BETWEEN: MOHAMMED RAFI S/O MOHAMMED JIYAUDDEEN AGED ABOUT 35 YEARS R/O NO 5TH WARD, BEHIND LABBE SUNNAT, MASJID, NEAR KODAHALLI CIRCLE, GUNDLUPETE TOWN 571111 …APPELLANT (BY SRI. ANIL SHEKAR K.S., ADVOCATE) AND: 1. STATE BY KARNATAKA BY GUNDLUPETE POLICE STATION, GUNDLUPETE CHAMARAJNAGAR 571111 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560001 2. VASANTH S/O LATE NAGESH, AGED ABOUT 38 YEARS, RESIDING AT BEHIND OLD HOSPITAL, GUNDLUPETE TOWN, GUNDLUPETE TALUK, CHAMARAJANAGAR DISTRICT 571111 …RESPONDENTS (BY MS. ASMA KOUSER, SPP FOR R1; R2 SD AND UNREPRESENTED) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO ALLOW THE PETITION AND ENLARGE APPELLANT ON BAIL IN SPL.CC.NO.197/2025 IN CR.NO.158/2025 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45401 CRL.A No. 2039 of 2025 REGISTERED BY THE RESPONDENT GUNDLUPET P.S., FOR THE OFFENCES P/U/S 352,115(2),118(1),351(2),103(1) R/W 3(5) OF BNS ACT, 2023, U/S 3(2)(v),(va) OF SC/ST (POA) ACT, 1989, PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT CHAMARAJANAGAR BY SETTING ASIDE THE ORDER DTD 19.09.2025 PASSED IN SPL.CC.NO.197/2025. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant / accused no.2 - Mohammed Rafi has preferred this appeal against the order passed by the Principal District and Sessions Judge, Chamarajanagara, dated 19.09.2025, in Special C.C.No.197/2025. 2. For the sake of convenience, the parties herein are referred as per their rank and status before the Trial Court. 3. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Vasantha, Gundlupete Police have registered the case in Crime - 3 - HC-KAR NC: 2025:KHC:45401 CRL.A No. 2039 of 2025 No.158/2025 against unknown accused for the commission of offences under sections 103(1), 118(1), 3(5) of BNS, 2023 and submitted First Information Report to the Court. After investigation, the Investigating Officer has submitted the charge sheet against the accused No.1-Mohammed Nijam Udden and accused No.2 - Mohammed Rafi for the commission of offences punishable under sections 352, 115(2), 118(1), 351(2), 103(1) r/w section 3(5) of BNS and section 3(2)(v)(v-a) of SC/ST (POA) Act, 1989. 4. After arrest, the accused was produced before the Special Court and was remanded to judicial custody. Till this day, accused/appellant is in judicial custody. 5. Sri Anil Shekar K.S, learned counsel for the appellant would submit that this Court has already granted bail in respect of accused No.1 in Criminal Appeal No.2118/2025, dated 03.11.2025. Hence, he sought for allowing this appeal on the principle of parity. - 4 - HC-KAR NC: 2025:KHC:45401 CRL.A No. 2039 of 2025 6. I have examined the materials placed before me. This Court has granted bail in Criminal Appeal No.2118/2025, dated 03.11.2025 to accused No.1. This Court has elaborately discussed as to the reasons for granting bail for accused No.1. Hence, in view of ‘principle of parity’ the present appellant / accused No.2 is also entitled for bail. Accordingly, I proceed to pass the following: O R D E R (i) The Criminal Appeal is allowed. (ii) The impugned order dated 19.09.2025 in Special Case No.197/2025 passed by the Principal District and Sessions Judge, Chamarajanagara, is set-aside. (iii) Consequently, the application filed under Section-483 of BNSS, 2023 is allowed. (iv) The appellant / accused No.2 shall be released on bail on executing self-bond of - 5 - HC-KAR NC: 2025:KHC:45401 CRL.A No. 2039 of 2025 Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. (v) The appellant/accused No.2 shall not threaten or tamper with the prosecution witnesses in any manner. (vi) The appellant/accused No.2 shall appear before the Trial Court on all the dates of hearing. (vii) The appellant/accused No.2 shall not leave the jurisdiction of Chamarajanagara District without prior permission of the Trial Court. Sd/- (G BASAVARAJA) JUDGE JJ List No.: 1 Sl No.: 8