Case Note & Summary
The petitioners, Davood Nadaf and Sharoq Bepari, accused nos.1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with Crime No. 115/2015 registered at Hubli Town Police Station, which led to S.C. No. 65/2019 pending before the I Additional District and Sessions Judge, Dharwad, sitting at Hubli. The offences alleged included Sections 143, 147, 148, 323, 324, and 302 read with Section 149 of the Indian Penal Code, 1860. The factual matrix, as per the complaint, was that on 09.10.2018 at around 10 p.m., the complainant Altaf Ahmad Kanavi and others were present when the accused persons allegedly assaulted Imtiyaz Kanavi with weapons, resulting in his death. The petitioners had been in judicial custody since their arrest. The learned Senior Counsel for the petitioners, Sri Ravi B. Naik, placed before the court orders passed by coordinate benches of the same High Court in Crl. P. No. 100339/2019 dated 12.03.2019 and Crl. P. No. 101121/2019 dated 17.07.2019, wherein other co-accused in the same crime had been enlarged on bail. The court noted that the present petition was not a successive bail petition but a fresh one. The court, considering the principle of parity and the fact that the co-accuded had already been granted bail, allowed the petition and directed that the petitioners be released on bail on such terms as the trial court may impose. The court did not elaborate on the merits of the case but relied on the earlier orders granting bail to co-accused.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Parity - The petitioners, accused nos.1 and 2, sought regular bail in a murder case under Sections 143, 147, 148, 323, 324, 302 read with 149 IPC. The court granted bail primarily on the ground of parity, noting that coordinate benches had already granted bail to other co-accused in the same crime. The court held that the petitioners are similarly situated and entitled to bail on the same terms. (Paras 2-4)
Issue of Consideration
Whether the petitioners-accused are entitled to regular bail under Section 439 of Cr.P.C. on the ground of parity with co-accused who have been granted bail by coordinate benches of this Court.
Final Decision
The petition is allowed. The petitioners-accused nos.1 and 2 shall be enlarged on regular bail in S.C. No. 65/2019 (Crime No. 115/2015) pending on the file of the I Addl. Dist. & Sessions Judge, Dharwad, sitting at Hubli, on such terms and conditions as the trial court may impose.
Law Points
- Bail
- Parity
- Section 439 CrPC
- Section 302 IPC
- Unlawful Assembly
- Common Object
