SUJAY SULYAN Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners under Section 439 of Code of Criminal Procedure (for short ' Cr.P.C .') for granting regular bail.

(2.) The petitioners are accused Nos.4 to 7 in Crime No.15/2019 registered by the Kota Police Station, Udupi for the offences punishable under Sections 143 , 147 , 148 , 449 , 323 , 307 , 302 , 120B , 109 , 342 , 504 , 324 , 506 , 201 , 212 read with Section 149 of Indian Penal Code (for short ' IPC ') on the complaint of Lohith Poojari. It is alleged by the complainant that there was some dispute with regard to the digging of mud for the purpose of constructing a lavatory near the land of complainant by accused No.1-Rajashekar Reddy. There were some verbal altercation between the complainant and the said accused No.1. Accused No.1 had shown his audacity to the complainant stating that the complainant can do whatever he want. In this background, it is further alleged by the complainant that on 26.01.2019 at about 10.15 p.m., when the complainant was proceeding on his Scooty along with his brother-Rakshith Poojary towards his house and when he reached near Kota Iyengar Bakery, he observed a Maruti Swift Car and a motor cycle following them. When the complainant reached his house along with his brother and parked his vehicle near his house, he observed a person coming on the motor cycle behind them was Sujaya Sulyan - petitioner No.1 herein who is his neighbour. After sometime, the Swift Car which followed the complainant was parked on the road opposite to his house and two persons were sitting in the said car and two others were sitting on two motor-bikes and were making huge sound by raising the engines of the vehicles and by horning. On the same day, the complainant along with his friends Bharath, Yathisha, Umesha, Nagaraja, Manisha, Prasada and Shashi came to his house and when the complainant came out of his house and narrating the entire incident to his friend Bharath, at that time accused Nos.1 and 2 along with four other persons came with Swords and choppers and assaulted Bharath on his neck, head and also on his hands. When the complainant and Yathish were trying to rescue Bharath, the accused also assaulted them and other witnesses. Due to screaming of the complainant and others, the public started coming to the spot and on seeing them, the accused persons ran away from the said spot. Bharath and Yathish were died while shifting to the hospital and the complainant also sustained injuries along with other witnesses. On the basis of the complaint, the Police have registered the case, arrested these petitioners and also other accused. After the investigation, the charge-sheet came to be filed. The petitioners are said to be in judicial custody from February- 2019. They moved a bail application before the Sessions Judge which came to be dismissed. Hence, they have filed this petition.

(3.) Learned counsel for the petitioners has contended that the petitioners are innocent for the alleged offences. The entire allegations were made against accused Nos.1 to 3, but not against these petitioners. The role of the petitioners in the crime on par with accused No.8 who was already granted bail by this Court in Crl.P.No.7077/2019. Therefore, on the ground of parity, these petitioners are entitled for bail. The petitioners are in judicial custody nearly for 1 1/2 years. The names of the petitioner Nos.2 to 4 were not mentioned in the FIR. The Petitioner No.1 is a student. Investigation has already completed and charge-sheet has already been filed. Their presence is no more required. Therefore, prayed for grating bail.