NAGARJUNA @ BANDE NAGA S/O LATE NARASIMHA MURTHY vs THE STATE REPRESENTED BY THE TOWN POLICE TUMKUR, REPRESENTED BY STATE PUBLIC PROSECUTOR

This petition is filed under Section 439 of Cr.P.C. seeking enlargement of petitioner on regular bail in Crime No.94/2016 by Tumkuru Town Police Station registered for commission of offences punishable under Sections 302 r/w. 34 of IPC.

Sri P.R.Bhat for Sri Dilraj J. Rohit Sequeira, learned counsel appearing for the petitioner arguing in support of the petition contended that in all, there are three accused and accused No.3 has been enlarged on bail vide order dated 25.01.2017 in Crl.P.No.120/2017. Therefore, on the ground of parity, he prays that the petition may be allowed.

Per contra, learned High Court Government Pleader opposes the petition and submits that the petitioner is accused No.1 and he has stabbed the victim. The post mortem report shows that cause is due to shock and hemorrhage due to stab injuries. Accordingly, he prays for dismissal of this petition.

I have carefully considered the submissions of the learned Counsel for the petitioner, learned High Court Government Pleader and perused the material papers.

Complaint is against unknown persons. The summary described in the charge sheet is based on voluntary statement. The overt-acts alleged against accused No.3 that he has hit the victim by a brick. Post mortem report also shows that the victim has sustained head injury. The overt-acts against accused No.1 is that, he has stabbed the victim. Accused No.3 is also alleged of assaulting the victim by a wooden re-piece. By and large overt-acts against accused Nos.1 and 3 are identical. Accused No.3 has been released by this Court in Crl.P.No.120/2016 vide order dated 25.01.2017.

In the circumstances, pending trial and in view of the fact that accused No.3 has been released, on the ground of parity this petition merits consideration and the petitioner is entitled for grant of bail. Accordingly, I pass the following:-

ORDER

(i) Petitioner shall be released on bail in Crime No.94/2016 registered in Tumkuru Town Police Station, upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any, and appear before him as and when called upon;

(iii)Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witnesses or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;

(iv)Petitioner shall not involve himself in any criminal activities; and

(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.

Petition allowed.