Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14586 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1. GIRISH S/O. VENKATESH AGED ABOUT 29 YEARS PERMANENT RESIDENT OF KOTE WARD No. 17, CHIKKABALLAPURA - 562 101. …PETITIONER (BY SRI BABY BALAN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
BY RURAL P.S., CHIKKABALLAPURA. REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by LAKSHMINARAYANA HIGH COURT OF BUILDING MURTHY RAJASHRI BENGALURU - 560 001. Location: HIGH COURT OF …RESPONDENT KARNATAKA (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND
ORDER FOR RELEASE THE PETITIONER WHO IS THE ACCUSED
No.7 IN CR.No.22/2025 AND S.C.No.42/2025 REGISTERED BY THE RESPONDENT RURAL P.S. CHIKKABALLAPURA AND PENDING ON THE FILE OF THE HON’BLE PRL.DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA FOR THE OFFENCE -2- PUNISHABLE UNDER SECTIONS 103(1), 3(5), 103(2), 61(2), 190, 238 OF BNS 2023 WITH CONDITIONS THE I ADDL.DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.7 under Section 483 of BNSS praying to grant bail in S.C.No.42/2025 (Crime No.22/2025 of Chikkaballapura Rural Police Station) pending on the file of I Additional District and Sessions Judge, Chikkaballapura registered for offences punishable under Sections 103(2), 61(1)(b), 190 and 238 of BNS.
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State.
3. Learned counsel for the petitioner would
contend that the accused No.11 has been granted bail by this Court and this petitioner is similarly placed to that of -3- accused No.11 who has been granted bail. Therefore, he is entitled for grant of bail on the ground of parity. The petitioner is in judicial custody since 04.02.2021 and as the charge sheet is filed, he is not required for custodial interrogation. With this, he prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for the respondent -State would contend that the petitioner was standing along with accused Nos.3 to 6 and 10 on the canal to see that the deceased should not escape. The charge sheet materials show prima facie case against the petitioner. With these, he prayed to reject the petition.
5. Having heard learned counsels, this Court has perused the chare sheet and other materials placed on record.
6. This Court while granting bail to accused No.11 in the order dated 16.11.2025 passed in Criminal Petition No.14973/2025 has observed as under -4-
“On perusal of column-17 of the charge sheet, the accusation against this petitioner is that he went along with accused No.1 in his car, in which accused Nos.6 and 9 were also inmates and accused No.4 was driving a car. This petitioner along with accused Nos.3 to 7 and 10 standing on the canal in order to see that the deceased should
not escape and at that time, accused No.9 held
the shirt of the deceased and accused Nos.1, 2, 6 and 8 assaulted him and caused his death. There is no serious overtact of assault is alleged against the petitioner. The petitioner is in judicial custody since 04.02.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation.”
Considering the above aspects, the allegation against this petitioner and accused No.11 who has been granted bail are similar. Therefore, the petitioner is entitled for grant of bail on the ground of parity. The petitioner has also been arrested and is in judicial custody since 04.02.2025. The petitioner has made out case for grant of bail with conditions.
7. In the result, the following -5-
ORDER
i) The petition is allowed. ii) The petitioner is granted bail in S.C.No.42/2025 (Crime No.22/2025 of Chikkaballapura Rural Police Station) pending on the file of I Additional District and Sessions Judge, Chikkaballapura registered for offences punishable under Sections 103(2), 61(1)(b), 190 and 238 of BNS subject to following conditions: a) The petitioner -accused No.7 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. -6- b) The petitioner -accused No.7 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused No.7 shall appear before the trial Court on all dates of hearing unless exempted by the Court and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 49 Ct.sm