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Judgment
Mohan Shantanagoudar
Petitioner is accused No. 3 in Crime No. 190/2011 of Afzalpur Police Station registered for the offences punishable u/s 302 read with Section 149 of IPC along with other offences. Case of the prosecution in brief is that on 14.11.2011 at about 11.00 a.m. there was quarrel between accused No. 1 and the deceased on certain petty matter. At that point of time, assault and counter assault by hands took place in between the deceased and accused No. 1. However, quarrel was pacified due to intervention of certain witnesses. At that point of time, accused No. 1 threatened the deceased with dire consequences. At about 6.30 p.m. on 14.11.2011 when the deceased had gone near Malendramath for bringing the parked vehicle, all the accused including the petitioner came to the spot. Petitioner herein allegedly threw chilly powder on the face of the deceased and dragged him from the vehicle. Accused Nos. 1 and 2 namely Ramesh and Girish assaulted the deceased with a deadly weapon like koitha (chopper) on the various parts of the deceased. Accused Nos. 4 and 5 allegedly assaulted on the deceased with hands and were instigating accused Nos. 1 to 3 to finish of the deceased.
Sri Nandkishore Boob, learned counsel appearing on behalf of the petitioner drawing the attention of the Court to the bail granted in favour of accused Nos. 4 and 5 submits that petitioner is also entitled for leniency on the ground of parity. The said submission is opposed by Sri S.S. Aspalli, learned High Court Government Pleader.
Prima face, case of accused Nos. 4 and 5 is not on par with the case of the petitioner. Petitioner allegedly threw chilly powder on the face of the deceased and dragged him out of the vehicle. Thereafter, accused Nos. 1 and 2 assaulted the deceased with deadly weapon whereas accused Nos. 4 and 5 are stated to have assaulted the deceased with hands and instigated accused Nos. 1 to 3 to do away with the life of the deceased. Be that as it may, having regard to the prima facie material against the petitioner, this is not a fit case to release the petitioner on bail. Accordingly, the petition stands dismissed.