ORDER : 1. This is a petition under Section 439 Cr.P.C. The petitioner is accused No. 4 in Crime No. 378/2017 registered by the respondent police for offences punishable under Sections 143, 144, 147, 148, 341, 302 read with Section 149 IPC. 2. Heard the petitioner’s counsel and the High Court Government Pleader. 3. Complaint was made by one Prakash on 1.10.2017 at 7.15 am. He complained to the police that on 30.9.2017 he returned to his house. His brother Harish had gone to watch Dasara procession. At about 1 O’ clock in the midnight his mother woke him up and said that somebody was assaulting his brother Harish. Immediately, he came out and saw his brother having fallen down in a pool of blood. He took his brother to the hospital where his brother died. It is stated that on 30.9.2017 at about 12.30 in the midnight some three persons were standing outside the house of the complainant and smoking. Seeing them the deceased asked them to leave that place. Keeping this in mind, three to four persons attacked the deceased. 4. Learned counsel for the petitioner argues that there are no eye witness to the incident. There is no recovery from this petitioner. There are no prima facie materials. Three juvenile offenders have been released on bail already and therefore this petitioner is also entitled to be released on bail. 5. On the other hand, the High Court Government Pleader submits that there are three eye witnesses to the incident. The wife of the deceased and two others, namely Jagadeesh and Aravind are the witnesses. Their statement clearly reveal that this petitioner was very much present and he assaulted the deceased. Added to this, petitioner has given a voluntary statement and therefore at this stage prima facie materials are forthcoming. 6. I have perused the statements of the eye witnesses. They clearly state as to how the deceased was assaulted. One of the witness, namely Jagadeesh identifies this petitioner. Recovery need not be made always. I find prima facie materials against the petitioner. Just because three accused who are said to be juveniles are on bail, it cannot be said that petitioner is to be released on the ground of parity. Petition is dismissed.