Case Note & Summary
The petitioner, Prashanth, accused No.12 in Crime No.146/2019 registered by Begur Police Station, Bengaluru, for offences punishable under Sections 143, 109, 364, 147, 148, 302 read with 149 of the Indian Penal Code, 1860, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail. The petitioner was in judicial custody. The learned counsel for the petitioner produced copies of orders passed by the same Court in Crl.P.No.1432/2020 dated 06.03.2020, Crl.P.No.8746/2019 dated 30.01.2020, and Crl.P.No.840/2020 dated 12.02.2020, wherein accused Nos.6, 7, 9, 11, and 13 were enlarged on bail. The petitioner argued that he stood on the same footing as those co-accused since common allegations were leveled against all accused persons. The learned High Court Government Pleader did not oppose the petition on the ground of parity. The Court, after hearing both sides, found that the petitioner was similarly situated as the co-accused who had already been granted bail. Accordingly, the Court allowed the petition and ordered the petitioner to be enlarged on bail upon furnishing a bond of Rs.1,00,000 with two sureties for the likesum, subject to conditions. The Court directed the petitioner to appear before the Investigating Officer as and when required, not to tamper with prosecution witnesses, and not to involve in any criminal activities.
Headnote
A) Criminal Procedure Code - Bail - Parity - Section 439 CrPC - Petitioner/accused No.12 sought bail on ground of parity with co-accused who were already enlarged on bail - Court held that since common allegations were leveled against all accused persons, petitioner stands on same footing as co-accused - Bail granted with conditions (Paras 2-3).
Issue of Consideration
Whether the petitioner, accused No.12, is entitled to bail on the ground of parity with co-accused who have already been granted bail.
Final Decision
Petition allowed. Petitioner/accused No.12 ordered to be enlarged on bail on furnishing a bond of Rs.1,00,000 with two sureties for the likesum, subject to conditions including appearance before Investigating Officer as required, not tampering with witnesses, and not involving in criminal activities.
Law Points
- Bail
- Parity
- Section 439 CrPC
- Common Allegations
