VIGNESH KOTIAN vs THE STATE OF KARNATAKA REPRESENTED BY PUBLIC PROSECUTOR

This petition under Section 438 Cr.P.C., is filed seeking Anticipatory Bail for offences punishable under Sections 143, 147, 148, 307 read with Section 149 IPC in Crime No.256/2016 registered by Manipal Police Station.

Heard Shri. Harish Ganapathy, learned Counsel for the petitioner and Shri. S. Vishwa Murthy, learned HCGP for the respondent-State.

Learned Counsel for the petitioner submits that there are in all three accused. Accused No.2 has been enlarged on bail by order of this Court in Crl.P.No.9711/2016 on 20.1.2017 and accused No.3 has been enlarged on bail by an order in Crl.Misc.Case No.239/2016 on the file of Prl. Sessions Judge, Udupi and submits that the allegations against all the three accused are the same. Accordingly, he prays for allowing this petition on the ground of parity.

Petition is opposed by learned HCGP,

I have given my careful consideration to the submissions made by the learned Counsel for the petitioner and the learned HCGP; and perused the material papers.

In the complaint, names of three out of several accused are mentioned. They are described as accused No.1 to 3. There is no specific overt-act alleged against the petitioner. Two other accused have already been released by the Courts.

In the circumstances, in my view, applying Rule of parity, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:

(i) In the event of arrest or voluntary surrender of petitioner in Crime No.256/2016 registered in Manipal Police Station before the jurisdictional Police or Magistrate on or before 14.3.2017, he shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like sum to the satisfaction of the investigating officer;

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

(iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;

(iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness 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;

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

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