Allowed

Mr Surya v. the State Rep by SHO

Karnataka HC7 Mar 2023CRL.P/673/2023

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C., the High Court of Karnataka allowed the petitioner, accused No. 4, to be enlarged on bail on grounds of parity. The petitioner, accused of assault causing death, was granted bail while other similarly situated co-accused had already been released.

What did the court decide?

Petitioner enlarged on bail on executing a personal bond of Rs. 2,00,000 with two sureties; standard conditions imposed including no tamper with witnesses and regular attendance.

Mr Surya Vs the State Rep by SHO — Murder and Culpable Homicide | Karnataka HC (2023)

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CRL.P No. 673 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO. 673 OF 2023

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BETWEEN:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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MR. SURYA S/O MR. SUBRAMANI AGED 23 YEARS, R/AT NO. 16, GOWTHAMPETE 8^TH CROSS, TIRUPATURU TALUK AND DISTRICT - 635601 ALSO AT KALAIVASAN BUILDING I FLOOR, NEAR GKC THEATER, TIRUVANAMALIA ROAD VENKATESHWARA NAGARA TIRAPATURU TALUK AND DIST TAMILNADU - 635601 …PETITIONER (BY SRI. KESHAVA MURTHY B., ADVOCATE) AND: THE STATE REP BY SHO BEGUR P. S., ELECTRONIC CITY SUB DIVISION BANGALORE CITY REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE -1 …RESPONDENT

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(BY SRI.S.VISHWA MURTHY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

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CRL.P No. 673 of 2023

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CR.NO.240/2022 OF BEGURU P.S. BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120-B, 143, 302 R/W 149 OF IPC ON THE FILE OF THE XLI ACMM, BANGALORE IN C.C.NO.38436/2022 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri. Keshava Murthy, the learned counsel for the petitioner and Sri. Vishwamurthy S., learned HCGP for the respondent-State and perused the records.

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Present petition is filed under Section 439 of Cr.P.C. with the following prayer:

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“In the above said facts and circumstances the petitioner respectfully prays this Hon'ble Court may be pleased to allow this petition and petitioner may be enlarged on Bail in C.C.No.38436/2022, pending on the file of XLI Additional Chief Metropolitan Magistrate, Bangalore, connected to the Cr.No.240/2022 registered by the Respondent BEGUR Police for the offence punishable u/s 120-B, 143, 302 R/w Section 149 of Indian Penal Code and pleased to pass such other orders as this Hon'ble Court

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CRL.P No. 673 of 2023

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deems fit in the circumstances of the case in the interest of justice and equity.”

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The accused is charge-sheeted for the offence punishable under Section 307 read with Section 34 of Indian Penal Code (for short herein referred to as 'IPC').

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The petitioner is accused No.4. The charge sheet materials reveal that accused has assaulted the deceased with a helmet. Due to which deceased sustained internal injuries, which resulted in severe head injury and caused his death, as per the post-mortem report. The accused is in custody since 12.09.2022.

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Attempt made by the accused to seek for grant of bail is turned-down by the learned LXVIII Additional City Civil and Sessions Judge in Criminal Misc. No.12659/2022, by order dated 07.01.2023.

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Learned counsel for the petitioner has produced the copy of the order passed by the very same judge in respect of accused Nos.5 and 6 in Criminal Miscellaneous Nos.35/2023

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CRL.P No. 673 of 2023

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and 106/2023, wherein accused Nos.5 and 6 have been admitted on bail.

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Based on the role assigned to the present petitioner and accused Nos.5 and 6 who have been enlarged on bail, learned counsel for the petitioner sought for grant of bail on the ground of parity.

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However, learned High Court Government Pleader opposes the bail petition stating that the role assigned to the present petitioner is different from the role assigned to accused Nos.5 and 6.

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This Court perused the materials on record meticulously in the light of the rival contentions of the parties.

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The role assigned to the present petitioner is assaulting the deceased with a helmet and caused severe injuries. Accused Nos.5 and 6 who have been enlarged on bail, infact have assaulted the deceased and kicked the deceased.

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Taking notice of these aspects of the matter, this Court is of the considered opinion that on the ground of parity, the present petitioner is entitled for grant of bail.

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CRL.P No. 673 of 2023

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Accordingly, without discussing further on the

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merits of the matter, following order is passed:

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O R D E R

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The Criminal Petition is allowed .

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Petitioner is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court. One surety among them should be a Government servant.

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Petitioner shall not directly or indirectly tamper the prosecution witnesses in any manner.

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Petitioner shall attend the Court regularly.

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Petitioner shall not indulge in similar offences.

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Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.

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Sd/JUDGE

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GVP

Mr Surya v. the State Rep by SHO

Case brief

What is this about?

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Mr Surya v. the State Rep by SHO

Case brief

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