- 1 - NC: 2025:KHC-K:1994 CRL.P No. 200414 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200414 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: BHAGAVAN S/O AVVANNAPPA YADAVREDDY (NAIKODI), AGE:20 YEARS, OCC: UNEMPLOYED, R/O. UDANOOR VILLAGE, TQ. AND DIST. KALABURAGI-585101. …PETITIONER (BY SRI VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH UNIVERSITY PS, KALBURGI SUB URBAN, REPRESENTED BY HCGP , HIGH COURT OF KALABURAGI-585103. …RESPONDENT (BY SRI SIDDALING A. PATIL, ASPP) THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 IN SC NO. 90/2024 (UNIVERSITY PS KALABURAGI CRIME NO.330/2023) AS AGAINST THE PETITIONER/ACCUSED NO.2 FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 341, 302, 201, 109, 120(B) READ WITH SECTION 34 OF IPC, PENDING ON THE FILE OF THE COURT OF V ADDL. DISTRICT AND SESSIONS JUDGE (SPL) COURT, KALABURAGI. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1994 CRL.P No. 200414 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.2 seeking for regular bail in S.C.No.90/2024, arising out of Crime No.330/2023, registered by the University Police Station, Kalaburagi, for the offences punishable under Sections 341, 302, 201, 109, 120-B read with Section 34 of IPC. 2. Smt.Nagarathnamma, who is the wife of the deceased Veeerangouda Police Patil had lodged a complaint stating that there was a dispute between her husband and other family members in respect of the property bearing Survey No.46, situated at Brahmpur village, Kalaburagi district. It is stated that her husband had got revolver licence as there was a threat by the family members. Hence, usually her husband used to keep the said revolver along with him while he was going to work. On 07.12.2023, he had informed her that he is - 3 - NC: 2025:KHC-K:1994 CRL.P No. 200414 of 2025 going to Udanoor farm and thereafter, he would go to the Court. However, after some time, she has received a message stating he was killed. Therefore, she lodged a complaint against Neelkant and others. The jurisdictional police have registered a case in Crime No.330/2023 against six accused persons. The petitioner herein is accused No.2 – Bhagavan. 3. Heard the learned counsel for the petitioner Sri Vadiraj P. Vadavi and the learned Additional State Public Prosecutor for the respondent - State. 4. It is the submission of the learned counsel for the petitioner that the entire case is based on the circumstantial evidence. This Court granted bail to accused Nos.1 and 3 in connection with the same crime, who are standing on the same footing as that of the petitioner herein. Therefore, the petitioner may be enlarged on bail on the ground of parity. 5. Per contra, the learned Additional State Public Prosecutor disputed the said fact and submitted that the - 4 - NC: 2025:KHC-K:1994 CRL.P No. 200414 of 2025 petitioner, who is arrayed as accused No.2 is standing on the different footing as that accused Nos.1 and 3. The averments of the charge sheet would indicate the direct involvement of the petitioner in the alleged incident. The evidence of some witnesses has been completed and the remaining witnesses have to be examined. At this stage, it is not appropriate to grant bail to the petitioner on the ground of parity, as the allegations made against those accused persons are different. Making such submissions, he prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears that the entire case is based on the circumstantial evidence. The averments of the complaint would indicate that there was a civil dispute between the petitioner and the deceased. Though it is stated that the petitioner and others have killed the deceased, the entire case is rests on the CCTV footage. - 5 - NC: 2025:KHC-K:1994 CRL.P No. 200414 of 2025 7. Having considered the bail granted to other accused persons in this case, who are standing on the same footing, I am of the considered opinion that the petitioner is also entitled for the same relief on the ground of parity. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is enlarged on bail in S.C.No.90/2024, arising out of Crime No.330/2023, registered by the University Police Station, Kalaburagi, for the offences punishable under Sections 341, 302, 201, 109, 120-B read with Section 34 of IPC, by executing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. b) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 6 - NC: 2025:KHC-K:1994 CRL.P No. 200414 of 2025 c) The petitioner shall not commit similar or any other offences till disposal of the case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 2 Sl No.: 1 CT:PK