(Prayer: This Crl.P is filed u/S. 439 of Cr.P.C (Old), 483 of BNSS (New), praying to grant the Regular Bail to the petitioner/Accused No.4 in S.C.No. 20/2026 (Vijayapura Rural Ps Crime No.173/2014 district Vijayapura) pending on the file of III Addl. District and Sessions Judge, Vijayapura for the offences punishable U/Secs. 302 and 109 r/W 34 of IPC.)

Oral Order

1. This petition is filed under Section 483 of BNSS, 2023, for grant of bail in S.C.No.20/2026 (Vijayapura Rural Police Station Crime No.173/2014, Dist. Vijayapura) pending on the file of III-Addl. Dist. & Sessions Judge, Vijayapura.

2. The learned counsel appearing on behalf of the petitioner has urged the following grounds for bail:

          (i) That, petitioner is innocent and he has been involved in this case just to harassing him with the political motive and with personal grudge.

          (ii) That, name of the petitioner is not found in the complaint and FIR and looking into the entire charge sheet materials petitioner was involved in the present case only on the basis of last seen theory. So, it is settled principles of law that last seen theory is a very weak piece of material. Hence, considering the same fact this Hon'ble Court granted a bail to the Accused No.3 who is having a similar footing with the petitioner. Therefore, on the ground of principal of parity the benefit of bail may kindly be extended to the petitioner.

          (iii) That, admittedly there are no eyewitnesses to the incident the entire case of the prosecution revolves around circumstantial evidence, по strong circumstance is collected by the Police so as to link the petitioner to the cause of death of the deceased. However strong the circumstances may be it shall not take the place of proof unless it is proved during the full dressed trial.

          (iv) That, the offences alleged in the charge sheet are yet to be proved by the prosecution and the offences alleged against the present Petitioner are also to be proved during full dressed trial, the main case would not commence and conclude in the near future, keeping the Petitioner behind bars for an indefinite period would not only violate Article 21 of the Constitution of India but also amounts to pre-trial punishment.

          (v) That, the investigation is completed and charge sheet is filed. So, in the fact and circumstances of this case, no custodial interrogation is necessary.

          (vi) That, petitioner voluntarily surrendered 30.12.2025, since then he is in judicial custody.

          (vii) That, petitioner is having movable and immovable property and having permanent abode. Hence, there is no question fleeing away from justice.

          (viii) That, petitioner is ready and willing to abide by any stringent conditions, if imposed by this Hon'ble Court while enlarging him on bail.

          (ix) That, the Petitioner is ready and willing to furnish adequate surety to the satisfaction of this Hon'ble Court.

          (x) That, it is instructed that, petitioner has not filed any petition for the same cause of action. On all these grounds, prays to allow the petition.

3. To substantiate his arguments, he has relied on the order passed by the Co-ordinate Bench of this Court in Crl.P.No.200252/2016 dated 15.03.2016.

4. Learned High Court Government Pleader would submit that, the present petitioner was not appeared before the Court and split up charge-sheet was filed. Considering the conduct of this nature, the petitioner is not entitled for bail. On all these grounds, prays to dismiss the petition.

5. A perusal of this order, it is clear that the allegations made against accused Nos.3 and 4 are one and the same. Hence, in view of principle of parity, it is just and proper to allow this petition. Hence, I proceeding to pass the following:

ORDER

          (i) The petition is allowed.

          (ii) The petitioner/accused No.4 is directed to be enlarged on bail in S.C.No.20/2026 (Vijayapura Rural Police Station Crime No.173/2014, District Vijayapura, subject to the following conditions:

          a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the Trial Court or the committal Court as the case may be;

          b) Petitioner shall not indulge in tampering the prosecution witnesses.

          c) Petitioner shall appear before the Committal Court/Trial Court on all future dates of hearing unless prevented by any genuine cause.

          Registry is directed to send a copy of this order to the Trial Court.