Petitioner is accused No.1 in Spl.Case No.283/2015 on the file of III Additional Sessions Judge, Tumkur. Petitioner and 13 others were charge sheeted in the said case for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 149 OF IPC and Section 3(2)(v) of SC AND ST (POA) Act,1989.
2. It is alleged that deceased Manja and the accused constituting two rival rowdy groups were indulging in criminal activities. It is alleged that due to such ill-will, accused conspired to commit murder of Manja and on 15.6.2015 at about 9.00 p.m., when deceased was proceeding on motorbike No.KA-06-EN-4413 near Upparahalli Railway Gate accused forming themselves into an unlawful assembly armed with long and dagger etc., assaulted him and committed his CRL.P. NO.5951/2018 murder. It is further alleged that the deceased belonged to SC community.
3. Learned counsel for the petitioner submits that the other accused are already granted bail by the learned Sessions Judge.
4. Learned HCGP., submits that the second accused is granted bail on medical grounds and on the ground that wife of the deceased had no objection to grant bail to second accused. The allegation against petitioner Nos.2 and 3 is that they had assaulted the deceased with long and dagger on his head. The records show that accused Nos. 2 and 3 have been granted bail.
5. Further, though the notice of petition is served on the wife of the deceased, she has not turned up to contest the matter. Since accused Nos.2 and 3 are granted bail on ground of parity, the petitioner is also entitled to grant of bail. Therefore, petition is allowed. CRL.P. NO.5951/2018 Petitioner is granted bail in Spl. Case No.283/2015 on the file of III Additional Sessions Judge, Tumkur.
6. He shall be released on bail in the said case subject to the following conditions:
(i) He shall execute personal bond in a sum of Rs.50,000/- and furnish one surety in the likesum to the satisfaction of the Trial Court.
(ii) He shall not tamper the prosecution witnesses.
(iii) He shall appear before the Court as and when required for the trial. Sd/- JUDGE