Baburao vs The State

A.S. Pachhapure, J.—While the petitioner in Crl. P. 200827/2014 has sought for anticipatory bail apprehending his arrest in Cr. No. 324/2013 of University Police Station, Gulbarga registered for the offence under Sections 143, 147, 148, 109, 302 read with Section 149 IPC, the other two petitions have been filed for grant of regular bail having been arrested in the aforesaid crime.

As per the investigation that has been held, it is the claim of the prosecution that on 24.09.2013, Vishwaraj (deceased) was done to death and as his dead body was found at the outskirts of Gulbarga city on 25.09.2013, in the aforesaid circumstances, a complaint was filed and investigation was held. After the investigation, the chargesheet has been filed in CC No. 4060/2014 for the aforesaid charges. Accused 1 to 3, 5 and 8 have been granted bail.

As per the version of prosecution accused 1 to 4 conspired and on their request, accused 5 to 7 and 11 said to have hired accused No. 9 and 10 to cause the death of Vishwaraj. Accused No. 1 to 3, 5, 8 to 10 have been granted bail. The role of petitioner in Cr. No. 200827/2014 is similar to that of accused Nos. 1 to 3. Likewise, the role of accused Nos. 5 and 8 is similar to that of accused Nos. 6 and 11, the petitioners in other two cases. Therefore, in view of the grant of bail to accused Nos. 1 to 3 and 5 in Crl. P. Nos. 200658/2014 c/w 200651/2014 and 200512/2014 by this Court vide order dated 30.07.2014, the benefit of bail granted to them have to be extended to the petitioners as well in view of the fact that on the same accusation, they have been granted bail.

So far as petitioner in Crl. P. 200827/2014 is concerned, he is aged more than 90 years at the time of incident. He is old person. Therefore, the said old person has to be granted anticipatory bail as other accused have been extended the benefit of bail and it may not be proper to confine the petitioner into custody at this age for no purpose. His presence is also not needed as the investigation is complete and chargesheet has been filed.

So far as other petitioners in other petitions are concerned, the facts are also similar to the facts of those accused who have been granted bail by this Court, therefore, the petitioners are entitled to the bail sought for.

Consequently, the petitions are allowed. The petitioner in Crl. P. No. 200817/2014 is granted bail in the event of his arrest, he is ordered to be released on bail on his executing the personal bond for a sum of Rs. 1,00,000/- with two solvent sureties for the likesum to the satisfaction of arresting authority.

Petitioners in Crl. P. No. 200721/2014 and 200935/2014 are ordered to be released on bail on their executing a personal bond for a sum of Rs. 2,00,000/- each alongwith two sureties for the likesum. One of the surety shall be a solvent surety having solvency certificate with further following conditions:

"a) That the petitioner in Crl. P. No. 200827/2014 shall surrender before the jurisdictional Magistrate within 10 days from today.

b) That the petitioners in Crl. P. Nos. 200721/2014 and 200935/2014 shall appear before the investigating officer as and when called for.

c) They shall not prevail upon the prosecution witnesses."

If any of the conditions are violated, the bail granted entails cancellation and the State is at liberty to apply for cancellation of bail.

Intimate the concerned authority.