Case Note & Summary
The appellants, accused Nos. 1 and 4, filed a criminal appeal under Section 21(4) of the NIA Act challenging the order dated 21.04.2021 passed by the XLIX Additional City Civil and Sessions Judge and Special Court for NIA Cases, Bengaluru, rejecting their bail application under Section 439 Cr.P.C. The case arises from the brutal murder of one Rudresh on 16.10.2016 near Srinivas Medical Stores, Shivajinagar. Initially, a complaint was filed by Sri. Jairam against two unknown persons. Subsequently, the prosecution alleged that accused Nos. 1 to 4 conspired with accused No. 5 and came on two motorbikes, with accused No. 2 as pillion rider on a Pulsar motor bike driven by accused No. 3, striking the right side of the victim's neck with a sharp weapon. The appellants sought bail on the ground of parity with co-accused who had been granted bail, and also citing delay in trial. The High Court, after hearing arguments, allowed the appeal and granted bail to the appellants, noting that the co-accused similarly situated had been granted bail and the trial was delayed. The court directed the appellants to be released on bail subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Rejection of bail by Special Court - Appeal against rejection - Appellants accused of murder and conspiracy - Parity with co-accused who were granted bail - Delay in trial - Held that where co-accused similarly situated have been granted bail, the appellants are entitled to bail on parity, especially when trial is delayed and they have been in custody for a considerable period (Paras 3-10).
Issue of Consideration
Whether the appellants are entitled to bail under Section 439 Cr.P.C. in a case involving offences under IPC, Arms Act, and Unlawful Activities (Prevention) Act, considering the grounds of parity with co-accused and delay in trial.
Final Decision
The appeal is allowed. The order dated 21.04.2021 passed in Spl.C.C. No. 181/2017 by the XLIX Additional City Civil and Sessions Judge and Special Court for NIA Cases, Bengaluru, is set aside. The appellants are ordered to be released on bail subject to conditions imposed by the Special Court.
Law Points
- Bail
- Section 439 Cr.P.C.
- Parity
- Delay in trial
- Unlawful Activities (Prevention) Act
- Arms Act
- IPC
Case Details
2022 LawText (KAR) (07) 40
Criminal Appeal No. 673/2021
K. SOMASHEKAR, SHIVASHANKAR AMARANNAVAR
Sri. S. Balakrishnan (for appellants), Sri. P. Prasanna Kumar (for respondent)
Irfan Pasha and Mohammed Mujeeb Ulla Alias Mujeeb alias Moula
National Investigating Agency
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against rejection of bail application under Section 439 Cr.P.C.
Remedy Sought
Appellants sought bail in Spl.C.C. No. 181/2017 for offences under IPC, Arms Act, and UAPA.
Filing Reason
Appellants were accused of murder and conspiracy; they sought bail on grounds of parity and delay in trial.
Previous Decisions
The Special Court rejected the bail application on 21.04.2021.
Issues
Whether the appellants are entitled to bail on the ground of parity with co-accused who have been granted bail?
Whether the delay in trial entitles the appellants to bail?
Submissions/Arguments
Appellants argued that co-accused similarly situated have been granted bail, and they are entitled to bail on parity.
Appellants also argued that the trial is delayed and they have been in custody for a considerable period.
Ratio Decidendi
Where co-accused similarly situated have been granted bail, the appellants are entitled to bail on the ground of parity, especially when the trial is delayed and they have been in custody for a considerable period.
Judgment Excerpts
This appeal is filed by accused Nos. 1 and 4 challenging the order dated 21.04.2021 passed in Spl.C.C. No. 181/2017 ... rejecting their bail application filed under Section 439 of Cr.P.C.
Brief facts of the case are that, on the complaint filed by one Sri. Jairam a case was registered ... for having committed the brutal murder of one Sri. Rudresh on 16.10.2016 near Srinivas Medical Stores, Shivajinagar.
Procedural History
The case was initially registered on a complaint by Sri. Jairam against two unknown persons for murder of Rudresh on 16.10.2016. Subsequently, accused Nos. 1 to 4 were arrested. The appellants filed a bail application under Section 439 Cr.P.C. before the Special Court, which was rejected on 21.04.2021. They then filed the present appeal under Section 21(4) of the NIA Act before the High Court.
Acts & Sections
- National Investigating Agency Act: 21(4)
- Code of Criminal Procedure, 1973 (Cr.P.C.): 439
- Indian Penal Code, 1860 (IPC): 302, 34, 109, 120-B, 150, 153A, 201
- Arms Act, 1959: 3, 27
- Unlawful Activities (Prevention) Act, 1967: 15, 16, 17, 18, 20
