The High Court dismissed a bail petition seeking parity grounds as a co-accused. The bench found no changed circumstances and rejected the parity argument, noting the petitioner's distinct involvement had been previously established.
Bail petition dismissed; prayer for enlargement on bail rejected.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2021
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRL. P. NO. 2160/2021
BETWEEN:
RAJU @ PSYCO POOMA, 24 YEARS, SON OF RANGASWAMY, R/AT NO. 1185, 12TH MAIN, 4TH CROSS, SRINAGARA, BENGALURU-560 050.
(BY SRI CHANDRAIAH, ADVOCATE)
AND:
STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION, BANGALORE. PIN CODE-580 026. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
(BY SRI K.S. ABHIJITH, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.71/2020 (S.C. NO. 7/2021) OF BYATARAYANAPURA POLICE STATION, BANGALORE, FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 120B, 302 R/W SEC. 149 OF IPC & ETC.
THIS CRIMINAL PETITION PERTAINING TO PRINCIPAL BENCH, BENGALURU COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING AT DHARWAD, THIS DAY, THE COURT MADE THE FOLLOWING:
: 2 :
ORDER
Heard the petitioner’s counsel and the learned H.C.G.P.
this Court granted bail to accused No. 5 on 09.11.2020 by disposing of Crl. P. No. 5471/2020. In view of bail being granted to accused No.5, ground of parity is available and therefore this petition has to be allowed.
Court in Crl. No. 3637/2020 is so clear as to how the ground of parity is not applicable and therefore there is no changed circumstance.
: 3 :
Crl. P. No. 3637/2020 and also the order of the coordinate bench of this Court in Crl. P. No. 5471/2020. It may be a fact that the accused No.5 was enlarged on bail. But while disposing of Crl. P. No. 3637/2020 it has been clearly held by me that the statements of the eyewitnesses clearly indicate the overt act of the petitioner and thus prima facie case against him is made out. It was also held at that time itself that ground of parity is not applicable in view of grant of bail to accused No.7 by the Sessions Court. If for some other reason the accused No.5 has been released on bail, I do not think that ground of parity can be extended to the petitioner.
Sd/JUDGE
bvv
1 issue framed by the court
Whether bail should be granted on the ground of parity with a co-accused to whom bail was earlier granted.
Raju @ Psycho Pooma
State of Karnataka By Byatarayanapura Police Station, Bangalore
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
