Case Note & Summary
The petitioner, Eshwar, accused No.9 in Crime No.326/2019 registered by Kamakshipalya Police, Bengaluru, filed a petition under Section 439 of the Code of Criminal Procedure, 1973 seeking bail. The offences alleged included Sections 143, 147, 148, 302, 120B read with Section 149 of the Indian Penal Code, 1860. The complaint was lodged by Prasanna Kumar, brother of the deceased Mahesh Kumar, on 06.09.2019, alleging that the deceased was assaulted with deadly weapons by a group of persons due to previous enmity. The police arrested 12 persons. The specific allegation against the petitioner was that he brought weapons in a bag and supplied them to the other accused who then assaulted the deceased. The petitioner's counsel argued that the petitioner had no direct role in the assault and that co-accused with similar or greater roles had already been granted bail by the trial court. The State opposed bail, but the court noted that the petitioner had been in custody since 06.09.2019 and that the charge sheet had been filed. Considering the principle of parity, the court allowed the petition and granted bail to the petitioner subject to conditions including executing a personal bond of Rs.1,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Parity - Petitioner accused of supplying weapons in a murder case - Co-accused with similar or greater roles already granted bail - Held that petitioner is entitled to bail on parity, subject to conditions (Paras 3-4).
Issue of Consideration
Whether the petitioner, accused No.9, is entitled to bail under Section 439 CrPC for offences including murder, given his alleged role of supplying weapons and the fact that co-accused have been granted bail.
Final Decision
Petition allowed. Petitioner granted bail subject to conditions: executing a personal bond of Rs.1,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without permission.
Law Points
- Bail
- Section 439 CrPC
- Parity
- Murder
- Unlawful Assembly
- Common Object
