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Judgment
Budihal R.B., J.—This is the petition filed by the petitioners - accused Nos. 2 & 3 u/s 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 323, 324, 342, 344, 370, 371, 504 and 506 r/w. Section 34 of IPC registered by the respondent - police in Crime No. 31/2014.
Heard the arguments of the learned counsel appearing for the petitioners - accused Nos. 2 & 3 and also learned High Court Government Pleader for the respondent - State.
Learned counsel for the petitioners during the course of his argument submitted that accused No. 1 has already been granted with bail by the Sessions Court and accused Nos. 4, 5 & 6 have been granted with bail by the order of this Court. He made the submission that false allegations are made against the present petitioners that when the complainant wanted to go back to Delhi, present petitioners asked her to pay a sum of Rs. 40,000/- and started torturing her. Counsel also made the submission that the petitioners have not demanded to pay Rs. 40,000/- and never tortured her. He submitted that on the ground of parity, present petitioners are also entitled to be granted with bail. Learned counsel also made the submission that as per the order passed this Court in W.P. Nos. 3743/2008 and 9345/2008, "females working in the bar during night hours is not an offence". Hence, counsel submitted that by imposing reasonable conditions, petitioners may be admitted to bail.
As against this, learned High Court Government Pleader during the course of his argument submitted that serious offences are alleged against the present petitioners and they tortured the lady who came from Delhi and was working in Advocate office by giving her false promise that she will earn more if she works in bar and she was brought to Bangalore and even when she wanted to go back to Delhi, petitioners tortured her, convened her and demanded amount and not allowed her to go back. Hence, he submitted that petitioners are not entitled to be granted with bail.
I have perused the averments made in the bail petition, F.I.R., complaint, order passed by this Court on the bail application dated 26-02-2014 in Crl.P. No. 1117/2014. This Court has considered the merits of the case while considering the bail application of the other accused persons. The offences alleged are not exclusively punishable with death or imprisonment for life and in the bail petition it is contended by these petitioners that they are innocent and not involved in the commission of the alleged offences. They have also undertaken that they are ready to abide by any of the conditions to be imposed by this Court. Looking to the allegations made in the complaint, same set of allegations are made against these present petitioners as well the accused persons who have been already granted with bail. Therefore, on the ground of parity, present petitioners are entitled to be granted with bail.
Accordingly, petition is allowed. The petitioners - accused Nos. 2 and 3 are ordered to be released on bail for the offences punishable under Sections 323, 324, 342, 344, 370, 371, 504 and 506 r/w. Section 34 of IPC registered by the respondent - police in Crime No. 31/2014, subject to the following conditions:
(i) The petitioners shall execute a personal bond for a sum of Rs. 25,000/- each (Rupees Twenty Five Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;
(ii) The petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) The petitioners shall appear before the concerned Court regularly.