Davud @ Fort Davud S/O. Saleem vs State Of Karnataka

V. Srishananda, J

Heard Sri.K.A.Chandrashekar, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent.

Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with the following prayer:

“To pass the Order, grant the petitioner on bail in Cr.No.36/2025 of Cowlbazar Police Station Ballari, now pending on the file of the learned 2nd Addl. Civil judge (Jr.Dn.) and JMFC Court Ballari District, for the offence punishable under Sections 109, 118(1), 189(2), 190, 191(2), 191(3) and 352 of BNS 2023.”

A complaint came to be filed by Ramanjineyulu S/o Paramesh with Cowlbazar Police Station, Ballari, which was registered in Crime No.36/2025 on 17.02.2025 for the offences punishable under Section 189(2), 191(2), 191(3), 190, 118(1), 109 and 352 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’).

Gist of the complaint averments would reveal that on 16.02.2025 in the mid night, when there was a religious function in the house of the complainant, the complainant and other were chitchatting near the public toilets. At that juncture, six persons who are shown as accused Nos.1 to 6 came there and are holding Beer bottle in their hands and throw the same on the road. When the complainant said to have questioned them as to why they have thrown the Beer bottle on the road, one of them took out the Beer bottle and broke the same and assaulted the complainant on his head. When the quarrel was sought to be pacified by the friends of the complainant by name Ramanna and Nagarjuna, all the six persons assaulted them also.

At the outset, learned counsel for the petitioner submits that this Court in Crl.P.No.101486/2025 dated 03.04.2025, has granted bail to co-accused and present petitioner would also stand on the same footing and sought for grant of bail on the ground of parity.

Learned High Court Government Pleader did not dispute the said aspect of the matter.

Taking note of the fact that present petitioner also stands on the same footing that of the co-accused who have been granted bail in Crl.P.No.101486/2025 by order dated 03.04.2025, without expressing further opinion on the merits of the matter, on the ground of parity alone, petition needs to be allowed.

Accordingly, the following:

ORDER

(i) Petition is allowed.

(ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.1,00,000/-each with two sureties for the likesum to the satisfaction of the trial Court.

(iii) Petitioner shall attend the Court regularly.

(iv) Petitioner shall not tamper the prosecution witnesses in any manner.

(v) Petitioner shall mark his attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed.

(vi) Petitioner shall not leave the jurisdiction of Ballari District without prior permission.

Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.