Sathisha vs The State

K.N. Keshavanarayana, J.—Petitioner in Criminal Petition No. 3785/2011 has been arraigned as accused No. 4 while Petitioner in Criminal Petition No. 3678/2011 has been arraigned as accused No. 5 is Crime No. 208/2011 of Tavarekere Police Station registered for the offences punishable u/s 399, 402, 353, 332 of Indian Penal Code.

According to the case of the prosecution the Police Sub-Inspector, Tavarekere Police Station along with the staff was on patrolling duty at about 10.30pm on 26.05.2011 and when they came near Channanaballi Government School, they saw an Indica Car parked there and two persons standing out side the car holding arms and other three persons sitting inside the car. After seeing the police party, these persons who were outside and inside the car tried to run away from the place. However, the police party chased them, at that time, those culprits threw chilly powder on the faces of the police party. In spits of the same, the police party was able to catch hold all the five persons and one of them pulled out the dragger and tried to stab the police constable. However, when the said police constable tried to avoid, the blow fell on his hand, thereby he (sic) some injuries. The police party caught hold of them and on interrogation, they disclosed their names and identify. On verification, it was noticed that accused No. 1-Arun was possessing dragger, with which be assaulted the police constable. On search of the car, one more dragger was found inside the car apart from the chilly power packets. All the five accused persons was arrested and the Indica Car was also seized. On the basis of the report of the Police sub inspector, case came to be registered and investigation was taken up. The Petitioners were subjected to judicial custody. As the prayer for bail came to be rejected by the Sessions Court, the Petitioners are before this Court seeking the relief of bail.

I have heard the learned Counsel appearing for the Petitioners and also the learned High Court Government Pleader appearing for the Respondent-State. Perused the records made available.

It is the submission of the learned Counsel appearing for the Petitioners that this Court has already granted bail to accused No. 3 against whom similar allegations have been made. Therefore, on the principle of parity, Petitioners are entitled to be enlarged on bail.

A copy of the order passed in Criminal Petition No. 3429/2011 is produced. Perusal of the said order indicate that this Court has already granted bail to the accused No. 3, Perusal of the records prima facie indicate that the allegations made against these Petitioners are on par with the allegations made against accused No. 3 therefore, Petitioners stand on the same footing as that of accused No. 3. When accused No. 3. against whom similar allegations have been made has already been granted bail, I fad No. reason to deny the relief of bail to these Petitioner. Therefore, Petitioners are entitled to be enlarged on bail on the principle of parity.

In the result, petitions are allowed Petitioners are ordered to be enlarged on bail in connection with Crime No. 208/2011 of Tavarekere Police Station, on each of them executing personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the Learned Magistrate/Learned Session Judge and subject to further conditions:

i) that the Petitioners shall not tamper or terrorize the prosecution witnesses in any manner.

ii) that the Petitioners shall not indulge in any act similar to one alleged against them.

iii) that the Petitioners shall appear before the I.O as and when so required by him and shall co-operate in the investigation of the case.

iv) that the Petitioners shall not leave fee jurisdiction of the Court of Sessions at Ramanagara without the express permission of the Court converned.

v) that the Petitioners shall mark their attendance with the Jurisdictional on every Saturday, between 10.00am and 5.00 pm till the disposal of the case.