Shankara S/o Gangadhara v. State by Mandya East Police Mandya Rep. by the State Public Prosecutor
2017-11-17
BUDIHAL R.B.
body2017
DigiLaw.ai
ORDER : 1. This petition is filed by the petitioner-accused No. 6 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 148, 323, 324, 341, 114, 504, 506 and 302 read with Section 149 of IPC registered in respondent Police Station Crime No. 159/2015. 2. I have heard the learned Counsel appearing for the petitioner-accused No. 6 and the learned High Court Government Pleader appearing for the respondent-State. 3. During the course of arguments, learned Counsel for the petitioner brought to the notice of this Court that the other accused persons namely, accused Nos.4 and 5 have been already granted bail by the order of this Court in Crl. Pet. No. 5209/2017 dated 10.10.2017. The learned Counsel has produced the copy of the said bail order. Hence, he submitted that on the ground of parity, the petitioner is entitled for bail. 4. Learned HCGP appearing for the respondent brought to the notice of this Court regarding the overt act of the petitioner that he also kicked on the stomach of CW-3. Hence, he submitted that petitioner is not entitled for bail. 5. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record so also the order of this Court in respect of accused Nos. 4 and 5. 6. Looking to the order of this Court passed in respect of accused Nos. 4 and 5, this Court has considered the entire merits of the case and ultimately, granted bail to accused Nos. 4 and 5. Looking to the allegations made against the petitioner, there is no allegation that he assaulted the deceased with deadly weapon but the allegation is that he kicked on the stomach of CW-3. Therefore, on the ground of parity, the petitioner is entitled to be granted with bail. The petitioner has contended that he is ready to abide by any condition that may be imposed by this Court. Therefore, by imposing reasonable conditions, the petitioner can be admitted to bail. 7. Accordingly, the petition is allowed.
Therefore, on the ground of parity, the petitioner is entitled to be granted with bail. The petitioner has contended that he is ready to abide by any condition that may be imposed by this Court. Therefore, by imposing reasonable conditions, the petitioner can be admitted to bail. 7. Accordingly, the petition is allowed. Petitioner-accused No. 6 is ordered to be released on bail for the offences punishable under Sections 143, 147, 148, 323, 324, 341, 114, 504, 506 and 302 read with Section 149 of IPC registered in respondent Police Station Crime No. 159/2015, subject to the following conditions: (i) Petitioner shall execute a personal bond for the sum of Rs. 1,00,000/- and furnish one solvent surety for the like-sum to the satisfaction of the concerned Court. (ii) Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. (iii) Petitioner shall appear before the concerned Court regularly.