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Judgment
S Vishwajith Shetty, J
Accused No.5 in S.C.No.1126/2023 pending before the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru City arising out of Crime No.71/2023 registered by Hebbal Police Station for the offences punishable under Sections 323, 304, 504 read with Section 149 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.
Heard the learned counsel for the parties.
On the complaint of Jekab dated 17.04.2023, FIR in Crime No.71/2023 was registered by Hebbal Police Station, Bengaluru City for the aforesaid offence against Jeelu and others. Petitioner was arraigned as accused No.2 in the FIR. In the complaint it is averred that complainant's brother - Alex, who had gone out from their house at about 6.30 p.m. on 16.04.2023 had not returned. On 17.04.2023 at about 1.00 a.m., complainant received information that his brother - Alex was assaulted by the accused persons named in the FIR and others with deadly weapons and therefore, he was shifted to Dr. Ambedkar Hospital. Immediately, complainant went to Dr. Ambedkar Hospital and found that his brother - Alex, who had sustained grievous injuries on his head, was admitted in the hospital thereafter, as per the medical advise, Alex was shifted to Nimhans Hospital, Bengaluru and at about 7.00 a.m., on 17.04.2023, he had died while undergoing treatment. It is in this background, a complaint was lodged based on which, FIR in Crime No.71/2023 was registered.
During the course of investigation in the case, the petitioner was arrested on 18.04.2023. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the Court of the LXI Additional City Civil Sessions Judge, Bengaluru City in Crl.Misc. No.8534/2023 was rejected on 20.09.2023. Under these circumstances, the petitioner is before this Court.
Learned counsel for the petitioner submits that though FIR was initially registered for the offences punishable under Section 302 of IPC , charge sheet is filed for the offence punishable under Section 304 of IPC. The petitioner is in custody from 18.04.2023. This Court has granted regular bail to accused No.2 in Crl.P.No.7335/2023, accused No.3 is granted regular bail in Crl.P.No.12672/2023 and accused No.7 is granted regular bail in Crl.P.No.12050/2023. Accordingly, prays to allow the petition.
Per contra, learned HCGP who has opposed the bail application however does not dispute that allegation against the petitioner herein and other accused who have been granted bail are similar.
This Court in Crl.P.No.7335/2023, Crl.P.No.12672/2023 and Crl.P.No.12050/2023 has granted regular bail to accused Nos.2, 3 and 7. It is not in dispute that allegation made against the petitioner herein and accused who have been granted regular bail by this Court are similar. Under these circumstances, I am of the view that on the ground of parity, petitioner is also entitled for the relief sought for in the petition. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.1126/2023 pending before the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru City arising out of Crime No.71/2023 registered by Hebbal Police Station for the offences punishable under Sections 323, 304, 504 read with Section 149 of Indian Penal Code, 1860, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future.