Case Note & Summary
The petitioners, accused nos. 1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular bail in connection with Crime No. 115/2015 registered at Hubli Town Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 302 read with Section 149 of the Indian Penal Code, 1860 (IPC). The case was pending as S.C. No. 65/2019 before the I Addl. Dist. & Sessions Judge, Dharwad, sitting at Hubli. The petitioners had been in judicial custody since their arrest. The factual matrix of the case is 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 argued that they were entitled to bail on the ground of parity, as co-accused in the same crime had already been granted bail by coordinate benches of the High Court in Crl. P. No. 100339/2019 dated 12.03.2019 and Crl. P. No. 101121/2019 dated 17.07.2019. The learned Senior Counsel for the petitioners, Sri Ravi B. Naik, placed these orders before the court. The court considered the submissions and held that since the co-accused had been enlarged on bail, the petitioners, who were similarly situated, were entitled to bail on the ground of parity. The court allowed the petition and directed that the petitioners be released on bail subject to certain conditions, including executing a personal bond of Rs. 1,00,000/- with one surety, appearing before the court regularly, and not tampering with prosecution witnesses.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Parity - Petitioners-accused sought bail in a murder case where co-accused had already been enlarged on bail by coordinate benches of the same court - Held that the petitioners are entitled to bail on the ground of parity, as the case of the petitioners is similar to that of the co-accused who were granted bail (Paras 2-4).
Issue of Consideration
Whether the petitioners-accused are entitled to regular bail under Section 439 of Cr.P.C. in a murder case where co-accused have already been granted bail.
Final Decision
Petition allowed. Petitioners-accused nos.1 and 2 shall be enlarged on bail on executing a personal bond of Rs.1,00,000/- with one surety, subject to conditions including appearing before the court regularly and not tampering with witnesses.
Law Points
- Bail
- Parity
- Section 439 Cr.P.C.
- Murder
- Unlawful Assembly
