[Cites 7, Cited by 0]
Karnataka High Court
Kishor K @ Laddu vs The State Of Karnataka on 27 February, 2026
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2026:KHC:12300
CRL.P No. 16004 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.16004 OF 2025
BETWEEN:
1. KISHOR K @ LADDU
S/O LATE KUBENDRA RAO
AGED AOUT 22 YEARS
R/AT NO.8/3, III BLOCK
6TH CROSS, RAJAJINAGARA
BENGALURU-560 010.
2. AJITH S
S/O SHIVALINGA
AGED ABOUT 24 YEARS
R/AT NO.145, 1ST CROSS
6TH BLOCK, RAJAJINAGAR
BENGALURU -560 010.
...PETITIONERS
Digitally signed
by DEVIKA M
(BY SRI. A.N. RADHAKRISHNA, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
THE STATE OF KARNATAKA
BY TAVAREKERE POLICE
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU -560001
...RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
-2-
NC: 2026:KHC:12300
CRL.P No. 16004 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM
ON BAIL IN CRIME NO.302/2021, OF TAVAREKERE POLICE FOR
OFFENCES PUNISHABLE UNDER SECTIONS 302, 394, 324 R/W
SECTION 34 OF INDIAN PENAL CODE AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard the learned counsel appearing for the petitioners
and the learned counsel appearing for the State.
2. The learned counsel for the petitioners seeks for the
bail in favour of accused Nos.2 and 3 who are the petitioners
herein on the ground of parity stating that this Court in
Crl.P.No.7169/2025, granted the bail in favour of accused No.4
who is also placed similarly as that of these petitioners referring
paragraph 19 of the judgment of the Apex Court in the case of
JFAVED GULAM NABI SHAIKH v. STATE OF
MAHARASHTRA AND ANOTHER reported in 2024 SCC
ONLINE SC 1693 without discussing the matter on merits.
3. The learned counsel appearing for the State would
vehemently contend that all the accused have shared the
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HC-KAR
common intention. Though accused No.1 inflicted injury on the
deceased, but all the accused have participated in the crime.
Hence, the question of parity does not arise.
4. Heard the learned counsel appearing for the
respective parties and also perused the material on record. In
view of the submission of the learned counsel for the
petitioners, this Court has to take note of the judgment of the
Apex Court in the case of KUMER SINGH VS. STATE OF
RAJASTHAN AND ANOTHER reported n (2021) 6 SCJ 227
wherein in paragraph 14, the Apex Court held that the Court
has to take note of common intention and common object of
the accused persons in the incident and cannot segregate the
intention of each of the accused persons. However, considering
the averments made in the charge-sheet produced before this
Court, it discloses that the overt act allegation against these
petitioners that they have caused simple injury to CW1 to CW6
and not against the person who lost the life. When such
material is available before the Court, there is a force in the
contention of the counsel for the petitioners that these
petitioners are also entitled for bail on the ground of parity.
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HC-KAR
Having considered the nature of the injuries caused by these
petitioners which are mentioned in the charge-sheet in column
No.17 as simple in nature, the petitioners are entitled for bail
on the ground of parity.
5. In view of the discussions made above, I pass the
following:
ORDER
The petition is allowed. Consequently, the
petitioners/accused Nos.2 and 3 shall be released on bail in
connection with Crime No.302/2021 of Tavarekere Police
Station, Magadi Sub-Division, Ramanagar District registered for
the offences punishable under Sections 302, 394, 324 read with
Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal
bond for a sum of Rs.1,00,000/- each with
two sureties each for the like-sum to the
satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering
the prosecution witnesses.
(iii) The petitioners shall appear before the
jurisdictional Court on all the future hearing
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HC-KAR
dates, unless exempted by the Court for any
genuine cause.
(iv) The petitioners shall not leave the jurisdiction
of the Trial Court without prior permission of
the Court till the case registered against him
is disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
SN
