Case Note & Summary
The High Court of Karnataka, Dharwad Bench, heard two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 439 of the Code of Criminal Procedure (CrPC) seeking bail for the petitioners, who were accused Nos. 3 and 4 in Crime No.112/2024 registered at Hubballi Town Police Station. The offences alleged were under Sections 310(2), 311, 238, and 312 of the Bharatiya Nyaya Sanhita (BNS) 2023, relating to robbery and extortion. The petitioners, Edwin Thomas and Febin N, were residents of Kerala and had been in custody since 2024. The court noted that co-accused Nos. 1 and 2 had already been granted bail by the Sessions Court. The petitioners' counsel argued for bail on the ground of parity, emphasizing that the petitioners had no criminal antecedents and that the investigation was complete. The State opposed the bail, but the court found that the case of the petitioners was similar to that of the released co-accused. Consequently, the court allowed both petitions and granted bail to the petitioners, subject to conditions including executing a personal bond of Rs. 1,00,000 with one surety, reporting to the police station weekly, and not tampering with evidence or leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure - Bail - Parity - Section 439 CrPC / Section 483 BNSS - Petitioners/accused Nos. 3 and 4 sought bail in Crime No.112/2024 for offences under Sections 310(2), 311, 238, 312 of BNS 2023 - Co-accused Nos. 1 and 2 were already granted bail by the Sessions Court - Petitioners had no criminal antecedents and were in custody since 2024 - Held that on the ground of parity, petitioners are entitled to bail subject to conditions (Paras 1-4).
Issue of Consideration
Whether the petitioners/accused Nos. 3 and 4 are entitled to bail in Crime No.112/2024 for offences under Sections 310(2), 311, 238, 312 of BNS 2023, pending before the I ST Judicial First Class Magistrate, Hubballi.
Final Decision
Both criminal petitions are allowed. Petitioners/accused Nos. 3 and 4 are ordered to be enlarged on bail in Crime No.112/2024 of Hubballi Town Police Station, subject to conditions: executing a personal bond of Rs. 1,00,000 with one surety, appearing before the court as required, not tampering with evidence, not leaving the jurisdiction without permission, and reporting to the police station once a week.
Law Points
- Bail
- Parity
- Section 439 CrPC
- Section 483 BNSS
- Section 310(2) BNS
- Section 311 BNS
- Section 238 BNS
- Section 312 BNS
