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Judgment
Shivashankar Amarannavar, J
This appeal is filed by the appellant-accused No.7 praying to set-aside the order dated 27/11/2023 passed in Crl.Misc.No.10850/2023, by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, whereunder the bail petition of this appellant-accused No.7 sought in respect of Crime No.208/2023 of Mahadevapura Police Station registered for the offences punishable under Sections 302, 201 and 120(B) r/w Section 34 of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘IPC’) and Sections 3(1)(s), 3(1)(r) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the SC/ST Act”), came to be rejected.
Heard the arguments of learned counsel for the appellant-accused No.7 and learned High Court Government Pleader for respondent No.1-State. Learned counsel for respondent No.2 is not present.
Case of the prosecution is that; the complaint came to be filed stating that, on 25.05.2023 at about 9.00 p.m., when the complainant and his friend deceased Sri.Renukumar were going in two wheeler near Aviva Gym, one Sri.Kishore, the Sri.Prashanth @ Chotu and his two friends came near him and started to assault the deceased with long choppers and caused bleeding injuries to the deceased and the deceased fell down and they ran away from the spot. The deceased was shifted to the hospital, but, he succumbed to the injuries. After investigation, charge sheet came to be filed for the offences under Sections 302, 201 and 120(B) r/w Section 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST Act.
This appellant has been arrayed as accused No.7. The accusation in the charge sheet is that the appellant – accused No.7 conspired with accused Nos.1 to 6 and 8 to kill the deceased. In furtherance of the said conspiracy the deceased who was moving on his two wheeler with complainant, accused Nos. 1 to 3 assaulted with long choppers and caused severe injuries and the deceased succumbed to the injuries in the hospital. This appellant-accused No.7 came to be arrested on 01.06.2023 and he is in judicial custody. The appellant-accused No.7 filed Crl.Misc.No.10850/2023 seeking bail and the same came to be rejected by the impugned order dated 27.11.2023, which is challenged in this appeal.
Learned counsel for the appellant-accused No.7 would contend that the allegation against this appellant-accused No.7 is only a conspiracy with the other accused to kill the deceased. Appellant -accused No.8 who has been granted bail by this Court is also accused of conspiracy with the other accused to kill the deceased. He further submits that appellant –accused No.7 was not present on the spot at the time of the incident. With this, he prays to allow the appeal and grant bail to the appellant –accused No.7.
Per Contra, learned High Court Government would contend that the offences alleged against this appellant-accused No.7 are heinous offences punishable with death or imprisonment for life. This appellant-accused No.7 is rowdy sheeter of Mahadevapura Police Station, if he is granted bail there are chances of tampering the prosecution witnesses. With this, he prayed to dismiss the appeal.
Having heard learned counsel for the appellant-accused No.7 and learned High Court Government Pleader for respondent No.1-State, this Court has perused the impugned order, charge sheet materials.
Appellant –accused No.7 was not present on the spot at the time of the incident. The allegation of assault on the deceased is by accused Nos.1 to 3. The only allegation against this appellant –accused No.7 is that he has conspired with other accused to kill the deceased. Accused No.8 who is similarly placed to that of this appellant-accused No.7 has been granted bail by this Court. Therefore, this appellant –accused No.7 is entitled for grant of bail on the ground of parity. In the result the following
ORDER
i) The appeal is allowed.
ii) The impugned order dated 27.11.2023 passed in Crl.Misc.No.10850/2023 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, is set aside. The bail petition is allowed. The appellant-accused No.7 is ordered to be released on bail in Crime No.208/2023 of Mahadevapura Police Station, subject to following conditions:
a) The appellant-accused No.7 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
b) The appellant-accused No.7 shall not threaten the complainant or tamper the prosecution witnesses.
c) The appellant-accused No.7 shall co-operate with the Investigating Officer in further investigation if any.
d) The appellant-accused No.7 shall appear before the Trial Court on all the dates of hearing, unless exempted and co-operate for speedy disposal of the case.
e) The appellant-accused No.7 shall not commit any offence during the pendency of the case registered against him.