Avula Kondaiah vs The State Of Karnataka on 7 April, 2026

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    Karnataka High Court

    Avula Kondaiah vs The State Of Karnataka on 7 April, 2026

    Author: M.Nagaprasanna

    Bench: M.Nagaprasanna

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                                                           NC: 2026:KHC:18732
                                                       CRL.P No. 8523 of 2025
    
    
                    HC-KAR
    
    
    
                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
                             DATED THIS THE 7TH DAY OF APRIL, 2026
    
                                             BEFORE
                           THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                             CRIMINAL PETITION NO. 8523 OF 2025
                    BETWEEN:
    
                    AVULA KONDAIAH
    
                    S/O. AVULA SUBANNA,
    
                    AGED ABOUT 25 YEARS,
    
                    R/AT. 3-149-1144-1 LAKSHMISAGAR,
    
                    MADANAPALLI, CHITTOOR,
    
                    ANDRA PRADESH - 517 001
    
                                                                ...PETITIONER
    
    
    Digitally       (BY SRI. NARAYANASWAMY K.N., ADVOCATE)
    signed by
    SANJEEVINI J
    KARISHETTY      AND:
    Location:
    High Court of
    Karnataka       THE STATE OF KARNATAKA
    
                    BATLAHALLI.P.S.
    
                    REP: BY STATE PUBLIC PROSECUTOR,
    
                    HIGH COURT OF KARNATAKA,
    
                    HIGH COURT BUILDINGS
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                                                         NC: 2026:KHC:18732
                                                   CRL.P No. 8523 of 2025
    
    
    HC-KAR
    
    
    
    BENGALURU - 560 001
    
                                                                ...RESPONDENT
    (BY SRI. B.N. JAGADEESHA, ADDL. SPP)
    
           THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
    BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
    THAT     THIS     HONOURABLE         COURT     MAY    BE     PLEASED   TO
    ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SEC.439
    OF     THE      CODE    OF        CRIMINAL    PROCEDURE        CODE    IN
    (CR.NO.16/2023) SPL.C.NO.35/2023 OF BATLAHALLI P.S. FOR
    THE OFFENCE P/U/S 20(B) OF NDPS ACT 1985 PENDING ON
    THE      FILE    OF    PRL.DISTRICT          AND    SESSIONS      JUDGE,
    CHIKKABALLAPURA.
    
           THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
    
    ORDER WAS MADE THEREIN AS UNDER:
    
    CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
    
    
                                 ORAL ORDER

    The petitioner is before this Court seeking his

    enlargement on regular bail under Section 439 of the Cr.P.C.

    SPONSORED

    for an offence punishable under Section 20(b) of the Narcotic

    Drugs And Psychotropic Substances, Act, 1985.

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    2. Heard Sri. Narayanaswamy K.N., learned counsel

    appearing for the petitioner, Sri. B.N. Jagadeesha, learned

    Addl. SPP appearing for the respondent and have perused the

    material on record.

    3. Facts in brief, germane, are as follows:

    The petitioner is accused No.2. The petitioner along with the

    other accused gets embroiled in a crime in Crime No.16/2023

    for the aforesaid offence. The police conduct investigation and

    file a charge sheet against the accused, which was pending

    before the concerned Court as Spl.C.No.35/2023. Since the

    petitioner was not available for trial at the relevant point in

    time, the case was split as Spl.C.No.79/2023. Accused No.1

    applies for a regular bail and Court of Session in terms of its

    order dated 05.06.2023 enlarges accused No.1 on bail. The sole

    reason that the bail was not granted to this petitioner was that

    a sword of non-bailable warrant was hanging on his head, as he

    was not available before the concerned Court at the relevant

    point in time. With that being the only reason for not granting

    bail, the petitioner is entitled to be enlarged on bail on the

    ground of parity of accused No.1 being enlarged on bail. The
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    Apex Court while discussing the law of grant of bail on parity in

    the case of SAGAR v. STATE OF UTTAR PRADESH1, has held

    as follows:

    “…. …. ….

    11. It is clear from the perusal of the above
    factors that the High Court failed to consider all that was
    relevant. On parity, it is necessary to refer
    to Ramesh Bhavan Rathod v. VishanbhaiHirabhai
    Makwana(Koli
    ) [(2021) 6 SCC 230]. This Court
    observed that while utilizing parity as a ground for
    bail, the same must focus on the role of the
    accused and cannot be utilized solely because
    another accused person was granted bail in
    connection with the same offence, and neither can
    this ground be claimed as a matter of right.
    [See
    also: Tarun Kumar v. Assistant Director Directorate of
    Enforcement
    [2023 SCC OnLine SC 1486]; Sabita
    Paul v. State of West Bengal
    [2024 SCC OnLine SC
    374].

    …. …. ….

    13. In an attempt to clarify the position of
    law qua parity as a ground, we may refer to certain
    judgments of the High Court to appreciate whether
    there is convergence or divergence of
    opinion/understanding.

    13.1. The Allahabad High Court in Nanha v. State
    of U.P.
    [1992 SCC OnLine All 871], observed as under:–

    24. My answer to the points referred to us is
    that parity cannot be the sole ground for granting
    bail even at the stage of second or third or
    subsequent bail applications when the bail
    applications of the co-accused whose bail
    application had been earlier rejected are allowed
    and co-accused is released on bail. Even then the
    court has to satisfy itself that, on
    consideration of more materials placed,

    1
    2025 SCC OnLine SC 2584
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    further developments in the investigations
    or otherwise and other different
    considerations, there are sufficient grounds
    for releasing the applicant on bail. If an
    examination of a given case, it transpires
    that the case of the applicant before the
    court is identically similar to the accused on
    facts and circumstances who has been
    bailed out, then the desirability of
    consistency will require that such an
    accused should be also released on bail. As
    regards the second part of the referred question
    my answer is that it is not at all necessary for an
    accused to state in his application that the
    application of a co-accused had been rejected
    previously.

    (emphasis supplied)

    13.2. The Delhi High Court in Harbhajan
    Singh v. State
    [2016 SCC OnLine Del 4920], while
    holding that parity cannot be the sole ground for the
    grant of bail, observed:

    “15. … In this regard, this Court thinks fit to
    reiterate the settled principle that in a criminal
    jurisprudence, every case stands on different
    footings and no straightjacket formula can be
    adopted in the facts of each case. No doubt, the
    weight of judicial parity should be followed, but
    on the other hand, this Court is of the conscious
    opinion that the word ‘parity’ connotes a state
    when a person is placed on the same footing as
    of the other person. This court is also of the
    opinion that that parity cannot be the sole
    ground for granting bail in a case where the
    bail applications of other co-accused whose
    bail applications had been allowed and are
    released on bail. It is purely a discretion of
    the court. Before granting or refusing bail,
    the court must satisfy itself after
    considering the material placed on record
    and further developments in the
    investigations or otherwise and other
    peculiar circumstances of each case, which
    show that there are sufficient grounds for
    releasing the applicant on bail If on
    examination of any case, it transpires that the
    case of the applicant before the court is
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    identically similar to the accused on facts and
    circumstances, who has been bailed out, then the
    desirability of consistency will require that such
    an accused should be also released on bail.

    (emphasis supplied)

    13.3. The Himachal Pradesh High Court in Abhay
    Gupta v. State of H.P.
    [2016 SCC OnLine HP 1758] held
    that:

    “It is more than settled that parity alone
    cannot be the sole ground for granting of bail. It
    is only one of the grounds for consideration of the
    question of bail. There is no absolute hide bound
    rule that bail must necessarily be granted to the
    co-accused when another co-accused has been
    granted bail. If on careful scrutiny in a given
    case it transpires that case of the bail
    petitioner is identically similar to the
    accused and facts and circumstances of the
    case who has been bailed out, then
    desirability of consistency will require that
    such an accused should also be released on
    bail.”

    13.4. The High Court of Karnataka at Bengaluru
    in Shri Narayanaswamy v. State of Karnataka[2017 SCC
    OnLine Kar 1066], speaking through Aravind Kumar J.,
    (as he then was) observed as hereinbelow:

    “24. The law of Parity would be applied in
    granting bail to an accused, where the co-
    accused has been granted bail on similar set of
    circumstances. Law of Parity is a desirable rule
    where the case of accused/petitioner is identical
    with the co-accused, who is already enlarged on
    bail. Simply because the co-accused has been
    granted bail also cannot be the sole criteria for
    granting bail to another accused if they are
    standing on different footings.

    25. Parity cannot be the sole ground for
    granting bail and if on scrutiny and
    examination of records in a given case it
    transpires that the case of the petitioner
    before the Court is identically similar to the
    accused, who has already been granted bail,
    then it would be desirable that petitioner
    should also be enlarged on bail. However, if
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    material placed by the prosecution and further
    developments in the investigation unraveling
    changed circumstances, this aspect also requires
    to be taken into consideration and in
    such circumstances the principle of Parity as an
    universal application or a straight jacket formula
    cannot be applied.

    (emphasis supplied)

    13.5. The Madhya Pradesh High Court in Neeraj
    alias Vikkysharma v. State of M.P.[2019 SCC OnLine MP
    7023], held that parity cannot be the sole ground for
    considering the prayer for bail, even at the stage of the
    second or third application for bail. It was further
    observed that “Failure of justice may be occasioned if
    bail is granted to an accused on the basis of parity with
    another co-accused whose bail order does not contain
    any reason.”

    13.6. Once again, turning to the Delhi High
    Court- in Pradeep v. State (Govt. NCT of Delhi)[2023
    SCC OnLine Del 4307] it was held by a learned Single
    Judge that the grant of bail to a co-accused in itself
    does not grant other accused a ground for bail. Even
    when parity as a ground is urged, the sum total of
    circumstances is to be considered.

    13.7. Recently, the Calcutta High Court
    in Subires Bhattacharya v. CBI[2024 SCC OnLine Cal
    11889] also took the same view in the following terms:

    “30. Parity cannot be the sole ground for
    granting bail even at the stage when the bail
    application of a co-accused is allowed. The Court
    has to satisfy itself that, on consideration of
    more materials placed, further
    developments in the investigations and
    other different considerations, there are
    sufficient grounds for releasing the
    applicant on bail. In deciding the aspect of
    parity, the role attached to the accused
    persons, their position in relation to the
    incident and to the victims is of utmost
    importance. Court cannot proceed on the basis
    of parity on a simplistic assessment, which again
    cannot pass muster under the law.”

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    14. What flows from the above judgments, which
    have been referred to, only to the limited extent
    indicated above, is that the High Courts speak in one
    voice that parity is not the sole ground on which bail can
    be granted. That, undoubtedly, is the correct position in
    law.The word ‘parity’ is defined by the Cambridge
    Dictionary as “equality, especially of pay or
    position.” When weighing an application on parity,
    it is ‘position’ that is the clincher. The requirement
    of ‘position’ is not met only by involvement in the
    same offence. Position means what the person
    whose application is being weighed, his position in
    crime, i.e., his role etc. There can be different roles
    played – someone part of a large group, intending to
    intimidate; an instigator of violence; someone who
    throws hands at the other side, instigated by such
    words spoken by another, someone who fired a weapon
    or swung a machete – parity of these people will be with
    those who have performed similar acts, and not with
    someone who was part of the group to intimidate the
    other by the sheer size of the gathering, with another
    who attempted to hack away at the opposer’s limbs with
    a weapon.”

    (Emphasis supplied)

    The Apex Court in the judgment quoted supra holds that

    albeit parity cannot be the sole ground for granting bail to a

    co-accused, the position or role of the co-accused would be a

    determining factor for granting bail on the score of parity.

    4. In the light of the aforesaid circumstances, in my

    considered view, the petitioner may be enlarged on bail by

    imposing stringent conditions.

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    5. For the aforesaid reasons, the following:

    ORDER

    (i) The Criminal Petition is allowed.

    (ii) The petitioner-accused No.2 shall be released on

    bail in connection with Crime No.16/2023 of

    Batlahalli Police Station pending on the file of the

    Principal District and Sessions Judge,

    Chikkaballapura, for the aforesaid offence, subject

    to the following conditions:

    a. The petitioner shall execute a personal
    bond for a sum of Rs.1,00,000/- (Rupees
    One Lakh only) with two solvent sureties
    for the like-sum to the satisfaction of the
    jurisdictional Court.

    b. The petitioner shall not indulge in
    tampering the prosecution witnesses or
    hamper the investigation, either directly
    or indirectly.

    c. The petitioner shall appear before the
    jurisdictional Court on all the future
    hearing dates, unless exempted by the
    court for any genuine cause.
    d. The prosecution is at liberty to prefer an
    application for cancellation of bail, if

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    there is any violation of the aforesaid
    conditions.

    Sd/-

    (M.NAGAPRASANNA)
    JUDGE

    SJK
    List No.: 3 Sl No.: 6
    CT:SG



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