- 1 - NC: 2025:KHC-K:1356 CRL.P No. 200276 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200276 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAMESH @ KATLYA S/O SHENKRAPPA TONASHYAL @ MADAR, AGE: 40 YEARS, OCC: COOLIE, R/O. TONSHYAL TQ. BABALESHWAR, DIST. VIJAYAPURA-586101. …PETITIONER (BY SRI. SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, JALANAGAR POLICE STATION, GOLGUMBAZ CIRCLE, DIST. VIJAYAPURA-586101. REPRESENTED BY ADDL. SPP, HIGH COURT O F KARNATAKA, KALABURAGI BENCH. …RESPONDENT (BY SMT. MAYA T.R., HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/S 483 OF BNSS(NEW), PRAYING TO ALLOW THE PETITION THERE BY ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL IN CC NO. 16/2025 ARISING OUT OF CRIME NO. 94/2024 REGISTERED BY JALANAGAR POLICE STATION, DISTRICT VIJAYAPURA, FOR THE OFFENCES PUNISHABLE U/SEC. 61(2), (a), 140(1), 54, 103(1), 238, R/W 190 AS PER CHARGE SHEET, NOW PENDING ON THE Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1356 CRL.P No. 200276 of 2025 FILE OF III ADDL. CIVIL JUDGE (SR.DN) JMFC, COURT VIJAYAPURA, DISTRICT VIJAYAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.6 in Crime No.94/2024 registered by Jalnagar Police Station, Vijayapura, for the offences punishable under Sections 61(2)(a), 140(1), 54, 103(1), 238 r/w Section 190 of BNS, 2023, is before this Court under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in crime No.94/2021 was registered initially for the offences punishable under Section 137(2) r/w Section 3(5) of BNS 2023, against one Rajashekar and three others on the basis of the first information dated 04.10.2024 received from Satish S/o Prabanna pujari. In the first information it was alleged that uncle of the first informant, namely Mahesh Pujari was kidnapped by - 3 - NC: 2025:KHC-K:1356 CRL.P No. 200276 of 2025 accused named in the FIR. On 05.10.2024, dead body of said Mahesh was found and thereafter, offence punishable under Section 103(1) of BNS 2023, was invoked in the present case. During the course of investigation petitioner herein was arrested on 08.10.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against eight persons, petitioner is arrayed as accused No.6 in the charge sheet. His bail application filed before the Trial Court in Crl.Misc.No.34/2025 was rejected on 18.01.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that allegation against the petitioner and accused Nos.4 & 10 who have been granted regular bail by this Court in Crl.P.No.200169/2025 are similar. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC-K:1356 CRL.P No. 200276 of 2025 5. Per contra, learned HCGP who has opposed the petition, however does not dispute the submission made by the learned Counsel for the petitioner. 6. Allegation in the charge sheet of strangulating the neck of deceased Mahesh with a mobile charging wire and committing his murder is as against accused Nos.7 & 8 and accused Nos.5 & 9 allegedly had caught hold of the hands and legs of deceased Mahesh, so as to enable accused Nos.7 & 8 to strangulate his neck. Accused Nos.4, 6, 10 & 11 allegedly had instigated accused Nos.5, 7, 8 & 9 to commit the murder of Mahesh. It is under these circumstances, accused Nos.4 & 10 have been granted regular bail by this Court in Crl.P.No.200169/2025. Allegation as against the petitioner and against accused Nos.4 & 10 are similar. Therefore, I am of the opinion that on the ground of parity, petitioner’s prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following - 5 - NC: 2025:KHC-K:1356 CRL.P No. 200276 of 2025 ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.94/2024 registered by Jalnagar Police Station, Vijayapura, for the offences punishable under Sections 61(2)(a), 140(1), 54, 103(1), 238 r/w Section 190 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, 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 his 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; - 6 - NC: 2025:KHC-K:1356 CRL.P No. 200276 of 2025 e) 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 TMP List No.: 1 Sl No.: 10