Case Note & Summary
The criminal petition was filed under Section 438 of the Code of Criminal Procedure, 1973 by Shivakumara @ Shiva, the driver of a compressor tractor bearing registration No. TN-49/J-1474, seeking anticipatory bail in connection with Crime No. 152/2019 registered by Arakere Police Station, Mandya, for offences under Sections 379 and 511 of the Indian Penal Code, Sections 4(1), 1(A), 21(1), 21(3) and 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 3(1) of the Karnataka Minor Mineral Concessions Rules. The allegations pertained to illegal sand mining. The petitioner was arrayed as accused No.2. The co-accused (accused No.1) had earlier been granted anticipatory bail by the same High Court in Criminal Petition No. 7294/2019 vide order dated 24.10.2019. The learned High Court Government Pleader orally opposed the petition but did not file any statement of objections. The petitioner’s counsel placed reliance on the earlier order granting bail to accused No.1 and contended that the benefit of parity should be extended. After considering that common allegations were levelled against both accused, the court held that the petitioner was entitled to anticipatory bail on the ground of parity. The criminal petition was allowed, and the petitioner was directed to appear before the Investigating Officer within fifteen days from the date of the order. Upon his appearance, the Investigating Officer was directed to enlarge him on bail on the same day subject to conditions, including furnishing a personal bond of Rs.1,00,000 with two sureties for the like sum, appearing before the Investigating Officer as and when required, not threatening or alluring prosecution witnesses, and marking his attendance at Arakere Police Station on the 15th of every calendar month until submission of the final report.
Headnote
A) Criminal Procedure - Anticipatory Bail - Parity - Code of Criminal Procedure, 1973, Section 438 - The petitioner was accused No.2, driver of a compressor tractor involved in alleged illegal sand mining. The High Court had earlier granted anticipatory bail to accused No.1 in Crl.P.No.7294/2019 dated 24.10.2019. The court found that similar allegations were levelled against both accused and, on the ground of parity, extended the benefit of bail to the petitioner, subject to conditions including a bond of Rs.1 lakh with two sureties, appearance before the Investigating Officer, not threatening witnesses, and monthly attendance at the police station. Held that parity entitled the petitioner to anticipatory bail. (Paras 2-3)
Issue of Consideration
Whether the petitioner (accused No.2) should be granted anticipatory bail under Section 438 CrPC on the ground of parity with accused No.1, who was granted anticipatory bail by the same court in Crl.P.No.7294/2019
Final Decision
Criminal petition allowed. Petitioner directed to appear before the Investigating Officer within 15 days from the date of this order and on his appearance, the Investigating Officer shall enlarge him on bail on the same day subject to conditions: (a) furnish a bond in a sum of Rs.1.00 lakh with two sureties for the like sum to the satisfaction of the Investigating Officer; (b) appear before the Investigating Officer as and when required; (c) not threaten or allure the prosecution witnesses; and (d) mark his attendance in Arakere Police Station, Srirangapatna Circle, district Mandya on the 15th of every calendar month until submission of the final report.
Law Points
- anticipatory bail on parity
- conditions for grant of bail
- Section 438 of Code of Criminal Procedure
- 1973
- parity with co-accused
- bail bond with sureties
