Mohammed Rafi Vs State by Karnataka

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO ALLOW THE PETITION AND ENLARGE APPELLANT ON BAIL IN SPL.CC.NO.197/2025 IN CR.NO.158/2025

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2 - NC: 2025:KHC:45401 CRL.A No. 2039 of 2025

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HC-KAR

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REGISTERED BY THE RESPONDENT GUNDLUPET P.S., FOR THE OFFENCES P/U/S 352,115(2),118(1),351(2),103(1) R/W 3(5) OF BNS ACT, 2023, U/S 3(2)(v),(va) OF SC/ST (POA) ACT, 1989, PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT CHAMARAJANAGAR BY SETTING ASIDE THE ORDER DTD 19.09.2025 PASSED IN SPL.CC.NO.197/2025.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The appellant / accused no.2 - Mohammed Rafi has preferred this appeal against the order passed by the Principal District and Sessions Judge, Chamarajanagara, dated 19.09.2025, in Special C.C.No.197/2025.

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For the sake of convenience, the parties herein

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are referred as per their rank and status before the Trial Court.

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The brief facts leading to this appeal are that, on the basis of the complaint filed by one Vasantha, Gundlupete Police have registered the case in Crime

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HC-KAR

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No.158/2025 against unknown accused for the commission

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of offences under sections 103(1), 118(1), 3(5) of BNS, 2023 and submitted First Information Report to the Court. After investigation, the Investigating Officer has submitted the charge sheet against the accused No.1-Mohammed Nijam Udden and accused No.2 - Mohammed Rafi for the commission of offences punishable under sections 352, 115(2), 118(1), 351(2), 103(1) r/w section 3(5) of BNS and section 3(2)(v)(v-a) of SC/ST (POA) Act, 1989.

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After arrest, the accused was produced before the Special Court and was remanded to judicial custody. Till this day, accused/appellant is in judicial custody.

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Sri Anil Shekar K.S, learned counsel for the appellant would submit that this Court has already granted bail in respect of accused No.1 in Criminal Appeal No.2118/2025, dated 03.11.2025. Hence, he sought for allowing this appeal on the principle of parity.

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HC-KAR

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I have examined the materials placed before

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me. This Court has granted bail in Criminal Appeal No.2118/2025, dated 03.11.2025 to accused No.1. This Court has elaborately discussed as to the reasons for granting bail for accused No.1. Hence, in view of ‘principle of parity’ the present appellant / accused No.2 is also entitled for bail. Accordingly, I proceed to pass the following:

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O R D E R

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(i) The Criminal Appeal is allowed. (ii) The impugned order dated 19.09.2025 in Special Case No.197/2025 passed by the Principal District and Sessions Judge, Chamarajanagara, is set-aside.

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(iii) Consequently, the application filed under Section-483 of BNSS, 2023 is allowed.

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(iv) The appellant / accused No.2 shall be released on bail on executing self-bond of

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