Case Note & Summary
The petitioners, accused Nos. 3, 5, 6, 8, 10 and 15, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular bail in Crime No.10/2014 of Sirwar Police Station, Raichur, registered for offences punishable under Sections 143, 147, 148, 504, 323, 324, 326, 307, 302, 427 read with Section 149 of the Indian Penal Code, 1860 (IPC). The case arose from an incident on 10.01.2014 when a group of villagers assembled near Eralgadda to discuss a demolished structure, leading to a violent altercation resulting in injuries and death. The petitioners had been in custody since 11.01.2014 and their bail applications before the Sessions Court were rejected. The main contention of the petitioners was that co-accued with similar roles had already been granted bail by the same court, and they sought parity. The State opposed the bail application citing the seriousness of the offences. The High Court, after hearing both sides, noted that the petitioners had been in custody for a considerable period and that co-accused with similar allegations had been released on bail. Applying the principle of parity, the court allowed the petition and granted bail to the petitioners subject to conditions including executing a personal bond of Rs.1,00,000/- each with two sureties, not tampering with prosecution witnesses, and not committing similar offences.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Parity - Petitioners/accused sought bail on ground that similarly situated co-accused had been granted bail by the same court - Held that where co-accused with similar role are enlarged on bail, petitioners are entitled to bail on parity, subject to conditions (Paras 3-4).
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 already been granted bail?
Final Decision
Petition allowed. Petitioners/accused Nos.3, 5, 6, 8, 10 and 15 are ordered to be enlarged on bail in Crime No.10/2014 (S.C.No.42/2014) of Sirwar Police Station, Raichur, subject to conditions: each shall execute a personal bond of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the trial court; they shall not tamper with prosecution witnesses; they shall appear before the court on all hearing dates; they shall not commit similar offences; and they shall not leave the jurisdiction without prior permission.
Law Points
- Bail
- Parity
- Section 439 Cr.P.C.
- Section 302 IPC
- Section 307 IPC
- Section 326 IPC
- Section 324 IPC
- Section 504 IPC
- Section 427 IPC
- Section 149 IPC
- Section 143 IPC
- Section 147 IPC
- Section 148 IPC
