Case Note & Summary
The petitioner, Sri Vishal H.P., filed a second bail petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking release in Crime No.196/2017 registered at Jnanabharathi Police Station, Bengaluru City, for offences punishable under Sections 120-B, 364-A, 109, 114, 302, 201 read with Section 34 of the Indian Penal Code, 1860 (IPC). The earlier bail petition (Crl.P.No.3271/2018) was dismissed on 05.07.2018 on the ground that three eye witnesses had been examined and the dead body was recovered at the instance of accused Nos.2, 3 and 4, and the petitioner was last seen with accused No.1. However, subsequent to that dismissal, co-accused were granted bail by this Court in Crl.P.No.3612/2019 dated 27.11.2019, Crl.P.No.5880/2018 dated 22.03.2019, and Crl.P.No.715/2019 dated 28.03.2019. The petitioner argued that he is similarly situated and entitled to bail on parity. The State opposed, contending that there was no change in circumstances. The Court held that the grant of bail to co-accused constitutes a change in circumstances and the principle of parity must be extended to the petitioner. Accordingly, the petition was allowed and the petitioner was directed to be released on bail on such terms as the trial court may impose.
Headnote
A) Criminal Procedure Code - Bail - Parity - Section 439 CrPC - Petitioner sought bail on ground of parity after co-accused were enlarged on bail by orders of this Court - Earlier bail petition was dismissed due to eye witnesses and recovery of dead body at instance of accused - However, subsequent grant of bail to co-accused constitutes changed circumstances - Held that principle of parity must be extended to petitioner (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to bail on the ground of parity when co-accused have been granted bail by this Court.
Final Decision
Petition allowed. Petitioner directed to be released on bail on such terms as the trial court may impose.
Law Points
- Bail
- Parity
- Changed Circumstances
- Section 439 CrPC
- Co-accused granted bail
