Case Note & Summary
The judgment pertains to two criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail for the petitioners who were accused in Crime No.219/2020 registered at Devarajeevanahalli Police Station (DJ Halli Police Station), Bengaluru. The petitioners, Syed Imran (accused No.7) and Rehman Khan (accused No.23), were arrested in connection with a mob violence incident that occurred on 11th August 2020, where a large mob allegedly indulged in rioting, arson, and destruction of property, including setting fire to vehicles and a police station. The charges included offences under Sections 143, 144, 145, 435, 436, 447, 448, 438, 427, 120-B read with Section 149 of the Indian Penal Code, 1860 (IPC), Section 2 of the Karnataka Prevention of Destructions and Loss of Property Act, 1981, Sections 3(2)(iii), (iv), (v), (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), and Section 25(1B)(B) of the Arms Act, 1959. The petitioners contended that they were innocent and had been falsely implicated, and that similarly placed co-accused had already been granted bail by the same court. The State opposed bail citing the gravity of the offences and the need for custodial interrogation. The court, after hearing both sides, observed that the petitioners were not charged with murder under Section 302 IPC, and that the allegations primarily pertained to rioting and arson. The court noted that the investigation was still pending and that the petitioners had been in custody for about three months. Applying the principle of parity, the court held that since co-accused with similar roles had been granted bail, the petitioners were entitled to bail. The court granted bail to both petitioners subject to conditions including furnishing a bond of Rs.1,00,000 with two sureties, surrendering passports, and cooperating with the investigation.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Parity - Petitioners accused of rioting and arson but not charged with murder - Co-accused similarly placed granted bail - Held that parity applies and petitioners entitled to bail (Paras 6-8). B) SC/ST (Prevention of Atrocities) Act - Bail - Section 3(2)(v) - Prima Facie Case - Allegations of causing fire to property belonging to SC/ST community - No specific overt act attributed to petitioners - Held that prima facie case not made out for denial of bail (Paras 5-8). C) Indian Penal Code - Offences - Sections 435, 436 IPC - Arson - Petitioners alleged to have set fire to vehicles and property - Investigation pending - Held that since no prima facie case of murder and petitioners in custody, bail granted (Paras 5-8).
Issue of Consideration
Whether the petitioners-accused are entitled to bail under Section 439 CrPC in a case involving rioting, arson, and offences under SC/ST Act and Arms Act.
Final Decision
Both criminal petitions are allowed. Petitioners are ordered to be enlarged on bail subject to conditions: (i) Each petitioner shall execute a personal bond for Rs.1,00,000 with two sureties; (ii) They shall not tamper with prosecution witnesses; (iii) They shall appear before the court as required; (iv) They shall not leave the jurisdiction without permission; (v) They shall surrender their passports; (vi) They shall cooperate with the investigation.
Law Points
- Bail under Section 439 CrPC
- Parity in bail
- Prima facie case
- Gravity of offence
- Section 436 IPC
- Section 3(2)(v) SC/ST Act
- Karnataka Prevention of Destructions and Loss of Property Act
