Case Note & Summary
The petitioner, Abhishek @ Abhi, accused No.5 in Crime No.172/2019 registered at Ulsoor Police Station, Bengaluru, for offences punishable under Sections 302, 120-B read with Section 34 of the Indian Penal Code, 1860, and Sections 24(1)(b)(b) and 25(1)(B)(b) of the Arms Act, 1959, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail. The case involved the murder of a deceased person, where accused Nos.1 to 4 were the actual assailants who caused the death. Accused Nos.5 to 7 were alleged to have surrounded the assailants to provide protection and prevent anyone from rescuing the deceased. The investigation was completed and a charge sheet had been filed. The petitioner's counsel argued that accused Nos.6 and 7, who had similar roles, had been granted bail by this Court in Crl.P.No.2460/2020, and therefore the petitioner should be granted bail on the ground of parity. The Court perused the order granting bail to accused Nos.6 and 7 and noted that they were not assailants. Since the petitioner's role was identical to that of the bailed co-accused, the Court found no reason to deny bail to the petitioner. Consequently, the petition was allowed, and the petitioner was ordered to be enlarged on bail subject to certain conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Parity - The petitioner, accused No.5, sought bail on the ground that co-accused Nos.6 and 7, who had similar roles of providing protection and not being assailants, were granted bail by the same Court. The Court held that since the petitioner's role was identical to that of the bailed co-accused, he was entitled to bail on parity. (Paras 2-4)
Issue of Consideration
Whether the petitioner, accused No.5, is entitled to bail on the ground of parity with accused Nos.6 and 7 who were granted bail by this Court, given that the petitioner's role was similar to that of the bailed co-accused.
Final Decision
The petition is allowed. The petitioner is ordered to be enlarged on bail on such terms and conditions as the trial court may impose.
Law Points
- Bail
- Parity
- Section 439 CrPC
- Section 302 IPC
- Section 34 IPC
- Arms Act
