Karnataka High Court Grand Anticipatory Bail Based On Principles Of Parity.

This order pertains to a petition for anticipatory bail filed by the petitioner, who is the accused No. 5 in Crime No. 71 of 2024, registered at Mandya East Police Station. The crime is under Sections 399 and 402 of the Indian Penal Code (IPC), related to preparation and assembly for committing dacoity.

The petitioner Is one of the six accused individuals. Police pleaded that the first three were caught at the scene by the police, while the petitioner and two others managed to flee . The names of the petitioner and the other two who escaped were disclosed by the apprehended accused who are also on bail now.

The petitioner’s counsel argued that the petitioner was falsely implicated, but the court did not accept this argument at this stage because the FIR mentioned his name, and the investigation is still ongoing. The High Court Government Pleader (HCGP) appeared on behalf of the state pointed out that the petitioner  has previous criminal cases against him.

As another accused (No. 6)  with a similar criminal record has already been granted anticipatory bail, the court decided to grant anticipatory bail to the petitioner, applying the principle of parity with accused No. 6. The court set certain conditions for the grant of bail, including furnishing a bond of Rs. 2,00,000, not committing similar offenses, appearing before the Investigating Officer or the court as required, and not threatening or tampering with prosecution witnesses. The Investigating Officer has the liberty to verify the sureties provided by the petitioner the petition for anticipatory bail was allowed, with specific conditions laid down for the petitioner.

Cause Title: DARSHAN Versus STATE CRL.P No. 6540 of 2024

Judgement Pronounce by the Hon’ble Mrs Justice M G Uma

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