Case Note & Summary
The petitioner, Manjunatha Y V @ Thamma Manja, filed a second bail petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking enlargement on bail in Crime No.247/2017 registered by Thalaghattapura Police Station, Bengaluru, for offences punishable under Sections 120B, 143, 144, 147, 148, 307, 302 read with Section 149 of the Indian Penal Code, 1860 (IPC) and Sections 25 and 27 of the Arms Act, 1959. The petitioner was arrayed as accused No.4 in the charge-sheet, which had been filed against nine accused persons. His earlier bail petition (Criminal Petition No.664/2018) was dismissed by a considered order dated 21.02.2018. However, subsequent to that dismissal, the same court granted bail to accused No.7 in the same crime. The petitioner therefore filed the present petition primarily on the ground of parity, arguing that his case was similar to that of accused No.7. The State opposed the petition, but the court noted that the investigation was complete and the charge-sheet had been filed. Considering the fact that a co-accused similarly situated had been granted bail, the court found that the petitioner was entitled to bail on the principle of parity. The court allowed the petition and directed the petitioner to be released on bail subject to conditions, including executing a personal bond of Rs.1,00,000 with two sureties, appearing before the court as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Parity - Subsequent to dismissal of earlier bail petition, co-accused (accused No.7) was granted bail by the same court - Petitioner, accused No.4, sought bail on ground of parity - Held that where charge-sheet has been filed and co-accused similarly placed has been granted bail, petitioner is entitled to bail on parity, subject to conditions (Paras 1-3).
Issue of Consideration
Whether the petitioner, accused No.4, is entitled to bail under Section 439 of Cr.P.C. in Crime No.247/2017 for offences under Sections 120B, 143, 144, 147, 148, 307, 302 read with 149 IPC and Sections 25 and 27 of Arms Act.
Final Decision
The petition is allowed. The petitioner shall be released on bail in Crime No.247/2017 (C.C.No.9886/2017) of Thalaghattapura Police Station, subject to executing a personal bond of Rs.1,00,000 with two sureties for the likesum to the satisfaction of the trial court. The petitioner shall appear before the court as and when required, shall not tamper with evidence, and shall not leave the jurisdiction of the trial court without prior permission.
Law Points
- Bail
- Section 439 Cr.P.C.
- Parity
- Charge-sheet filed
- No criminal antecedents
