Girisha vs State

R.B. Budihal, J.—This is the petition filed by the petitioner - accused No. 2 u/s 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 120(B) and 397 of IPC registered by the respondent - police in Crime No. 173/2013.

Heard the arguments of the learned counsel appearing for the petitioner - accused No. 2 and also learned High Court Government Pleader for the respondent - State.

Learned counsel for the petitioner during the course of his argument submitted that it is alleged that the incident took place during night at 9.50 p.m. But there is no test identification parade conducted to establish the identity of the present petitioner that he was also involved in the alleged offences. Counsel made the submission that even looking to the materials collected, serious allegations are against accused No. 1 that he assaulted the complainant with rod and so far as the present petitioner is concerned, no such allegations are made. He submitted that on the similar allegations accused No. 4 has been already considered by this Court and he has been released on bail. Hence, counsel submitted that by imposing reasonable conditions, petitioner may be admitted to bail

As against this, learned Government Pleader during the course of his argument submitted that petitioner also involved in the commission of the alleged offences and the materials goes to show that petitioner along with other accused persons was also present on the date of the incident and by assaulting the complainant the petitioner as well as accused persons took away the vehicle belonging to the complainant.. Hence, he submitted that petitioner is not entitled to be granted with bail.

I have perused the averments made in the bail petition and other materials place on record, so also I have perused the order passed by this Court in Crl. P. No. 7856/2013 dated 04-02-2014 in respect of accused No. 4. The Court has considered the merits of the case and granted bail to accused No. 4. Looking to the allegations made in the complaint and as the case was registered firstly against 5-6 unknown persons and it is only during the course of investigation, present petitioner has been arraigned as accused No. 2, along with other accused persons. The offences alleged u/s 120(B) and 397 of IPC are not exclusively punishable with death or imprisonment for life. Therefore, on the ground of parity and also on the ground of merits, present petitioner is entitled to be released on bail.

Accordingly, petition is allowed. The petitioner - accused No. 2 is ordered to be released on bail for the offences punishable under Sections 120(B) and 397 of IPC registered by the respondent -police in Crime No. 173/2013, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall appear before the concerned Court regularly.