Rahul S Varma & Others vs State Of Karnataka & Others

K.S. Mudagal, J

Heard.

Aggrieved by the rejection of their bail application, accused nos.3 and 4 in Crime No.225/2019 of Sampigehalli Police Station have preferred this

appeal.

The appellants along with 12 others are facing trial in Spl. Case No.169/2020 on the file of LXX Additional City Civil and Sessions Judge and

Special Judge, Bengaluru for the offences punishable under Sections 143, 144, 147, 1248, 307, 302, 120B, 109 read with Section 149 of IPC and

Sections 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1979, on the basis of the charge sheet filed by

Sampigehalli Police Station in Crime No.225/2019.

It is alleged that due to some rivalry between the accused and deceased Bharath, the accused conspired to commit his murder. It is further alleged

that in execution of such conspiracy, on 16.12.2019 at about 9.00 p.m., the accused with the common object of committing his murder, assaulted him

with longs and daggers and caused his death. It is further alleged that when CW-1 went to the rescue of Bharath, the 4th accused assaulted on his

head and back with long and attempted to commit his murder.

The allegations of assaulting the victim-Bharath with longs are against the appellants and accused no.5. The allegations of assaulting the victim with

dagger are against accused no.7. The cause of death is multiple injuries suffered by the victim.

This Court by order dated 30.08.2021 in Crl.A. No.122/2021 has granted bail to the 7th accused. So far as 4th accused assaulting CW-1 with long

in the FIR, CW-1 does not name him. The wound certificate relating to CW-1 states that the injuries were simple one.

In the light of the aforesaid circumstances, and on the ground of parity, the appellants are entitled to bail. Therefore, the appeal is allowed. The

impugned order is hereby set aside. The appellants are granted bail in Special Case No.169/2020 on the file of LXX Additional City Civil and Sessions

Judge and Special Judge, Bengaluru, subject to the following conditions:

(i) The appellants shall execute personal bonds for a sum of Rs.50,000/- each with two sureties for the like sum to the satisfaction of the Trial Court;

(ii) They shall appear before the Court as and when required;

(iii) They shall not tamper with the witnesses in any manner; and

(iv) They shall not indulge in any criminal activities.