- 1 - HC-KAR CNR: KAHC010366742026 NC: 2026:KHC:36634 CRL.P No. 7659 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7659 OF 2026 BETWEEN: 1. VIJAY @ PALYA VIJAY S/O. CHANDULAL AGED ABOUT 25 YEARS R/O. CHINTHAL THANDA ODDIPATALLA, PEDDA ADASERALA PARLLE NALGONDA DISTRICT TELANGANA STATE. …PETITIONER (BY SRI: S N ASHWATHNARAYAN, SR. ADV FOR SRI: ALI MOHAMMED, ADV) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY POLICE STATION MANIPAL, UDUPI DISTRICT, REP. BY HIGH COURT GOVERNMENT PLEADER …RESPONDENT (BY SRI: R RANGASWAMY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) BY THE PETITIONER PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH FIR NO.39/2026 REGISTERED BY POLICE STATION MANIPAL, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010366742026 NC: 2026:KHC:36634 CRL.P No. 7659 of 2026 140(2), 140(3) OF THE BNS 2023 PENDING TRIAL BEFORE THE II ADDL.SENIOR CIVIL JUDGE CUM ACJM UDUPI FIR IN ANNEXURE-A. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.8 in Crime No.39 of 2026 registered by Manipal Police Station, Udupi District for the offences punishable under Sections 140(2) and 140(3) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.39 of 2026 was registered by Manipal Police Station, Udupi District for the offences punishable under Sections 140(2) and 140(3) of BNS, 2023 against Mallareddy and others based on the first information dated 31.03.2026 received from Sri Rama Madivala, brother of the alleged victim Rajesh Madivala. In the said case, the petitioner who was arrayed as accused No.8 in the FIR was arrested on 09.04.2026 and remanded to judicial custody. His - 3 - HC-KAR CNR: KAHC010366742026 NC: 2026:KHC:36634 CRL.P No. 7659 of 2026 bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.171 of 2026 was rejected on 15.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.3 as against whom similar allegation is found in the FIR, has been released on regular bail by this Court in Criminal Petition No.7820 of 2026 disposed off on 13.07.2026. The allegation against the petitioner and accused No.3 is similar. Hence, he prays to allow the petition and to grant bail on the ground of parity. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 6. In the first information dated 31.03.2026 submitted by the brother of the alleged victim, he has stated that at about 12.15 p.m. on the said day, when he and his brother were drinking tea in the hospital canteen at Manipal, eight persons who came there in a Seltos car forcibly took his brother Rajesh Madivala in their vehicle and escaped. He has stated that his - 4 - HC-KAR CNR: KAHC010366742026 NC: 2026:KHC:36634 CRL.P No. 7659 of 2026 brother Rajesh was doing real estate business in Telangana State and about 2 months earlier, 12 people had come in search of his brother and had threatened with dire consequences to his life. It is under these circumstances, he had named the accused in FIR. During the course of investigation, some of the accused persons were arrested in the present case. 7. Material made available to this Court by the learned counsel for the petitioner would go to show that the alleged victim is facing multiple criminal cases in Telangana State and he has also produced material, which prima facie shows that the alleged victim had borrowed huge money from the accused persons. 8. Accused No.3 as against whom similar allegation is found in the present case has been granted regular bail by this Court in Criminal Petition No.7820 and 2026. Under these circumstances, on the ground of parity, the prayer of the present petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. - 5 - HC-KAR CNR: KAHC010366742026 NC: 2026:KHC:36634 CRL.P No. 7659 of 2026 9. Accordingly, the following: ORDER (i) Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.39 of 2026 registered by Manipal Police Station, Udupi District for the offences punishable under Sections 140(2) and 140(3) of BNS, 2023 subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties (out of which one must be local surety) for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the date 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; - 6 - HC-KAR CNR: KAHC010366742026 NC: 2026:KHC:36634 CRL.P No. 7659 of 2026 d) The petitioner shall not involve in similar offences in future; 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BGN List No.: 1 Sl No.: 61