SRI.AKRAM PASHA @ AKRAM vs THE STATE OF KARNATAKA

This petition is filed by accused No.7 in Crime

No.307/2015 seeking anticipatory bail.

Learned counsel for the petitioner submits

that accused No.1 to 6 are already on bail as per the

orders passed by this Court in Crl. P.Nos.2740/2016;

3284/2016; 2889/2016 and 3284/2016. However the

learned HCGP submits that the said accused were

granted bail under Section 439 of Cr.P.C., whereas the

present petitioner has been absconding since the date of

registration of the case. Therefore, the benefit of the

earlier orders cannot be extended to the petitioner.

On going through the materials placed before

the Court, I find that the accusation made against the

petitioner is that he was present at the spot during the

occurrence and he held the deceased. Under the said

circumstances, merely because the petitioner did not

seek for bail under Section 439 of Cr.P.C., the petitioner

cannot be denied the benefit of the bail order granted to

the other accused if he is otherwise entitled for bail. As

the circumstances of the case indicate that the

petitioner is standing at par with the other accused, I

am of the view that petitioner could be granted the

benefit of the bail on the same terms and conditions.

Hence, the following order:-

Criminal petition is allowed. In the event of the

arrest of the petitioner he shall be enlarged on bail

subject to the following conditions:-

a. The petitioner shall furnish a bond for Rs.1.00 lakh(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Magistrate.

b. The petitioner shall appear before the Investigating Officer as and when summoned for the purpose of interrogation or any further investigation in to the matter;

c. The petitioner shall not threaten or allure the prosecution witnesses;

d. Petitioner shall not leave the jurisdiction of the trial Court without prior permission