Case Note & Summary
The petitioner, Mohammed Safwan @ Datta Safwan, was arraigned as Accused No.40 in the FIR, Accused No.42 in the charge sheet, and Accused No.25 in C.C.No.971/2018 arising out of Crime No.422/2014 of Mangalore Rural Police Station. The offences alleged included unlawful assembly, rioting, wrongful restraint, mischief, assault, voluntarily causing hurt, grievous hurt, attempt to murder, and robbery, all read with common intention. The incident occurred on 05.12.2014 at about 9.55 p.m. when the complainant, her mother, and her friend were traveling in an auto-rickshaw to attend a marriage function. At Ulaibettu Junction, about 200 Muslim youth armed with deadly weapons allegedly stopped the auto-rickshaw, forcibly dragged them out, assaulted them, snatched a purse and gold chain, and damaged the auto-rickshaw. The petitioner was in judicial custody since his arrest. The counsel for the petitioner argued for bail on grounds of parity, as co-accused had been granted bail, and the petitioner had been in custody for a long period. The High Court of Karnataka, presided by Justice K. Somashekar, heard the petition under Section 439 of the Code of Criminal Procedure, 1973. The court noted that the petitioner was in judicial custody for a considerable time and that the trial was not likely to conclude soon. Considering the principle of parity and the long incarceration, the court allowed the petition and granted bail to the petitioner subject to conditions. The court directed the petitioner to execute a personal bond of Rs.1,00,000 with two sureties, to appear before the court regularly, not to tamper with evidence, and not to leave the jurisdiction without permission.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Parity - The petitioner, accused of offences under Sections 143, 147, 148, 341, 427, 354, 324, 326, 307, 397 r/w 149 IPC, sought bail on grounds of parity with co-accused who had been granted bail and long incarceration. The court considered the nature of allegations, the petitioner's role, and the fact that trial was not likely to conclude soon. Held that the petitioner is entitled to bail on conditions (Paras 1-4).
Issue of Consideration
Whether the petitioner, accused of serious offences including attempt to murder, is entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973.
Final Decision
The petition is allowed. The petitioner shall be enlarged on bail in Crime No.422/2014 of Mangalore Rural Police Station, subject to executing a personal bond of Rs.1,00,000 with two sureties, and on conditions including appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without permission.
Law Points
- Bail
- Section 439 CrPC
- Parity
- Long Incarceration
- Serious Offences
- Judicial Custody
