SATHISHA S/O. GOPAL Vs. THE STATE BY TAVAREKERE POLICE REPRESENTED BY LEARNED PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) PETITIONER in Criminal Petition No. 3785/2011 has been arraigned as accused No. 4 while Petitioner in Criminal Petition No. 3678/2011 has been arraigned as accused No. 5 is Crime No. 208/2011 of Tavarekere Police Station registered for the offences punishable under Section 399, 402, 353, 332 of Indian Penal Code.

(2.) ACCORDING to the case of the prosecution the Police Sub -Inspector, Tavarekere Police Station along with the staff was on patrolling duty at about 10.30pm on 26.05.2011 and when they came near Channanaballi Government School, they saw an Indica Car parked there and two persons standing out side the car holding arms and other three persons sitting inside the car. After seeing the police party, these persons who were outside and inside the car tried to run away from the place. However, the police party chased them, at that time, those culprits threw chilly powder on the faces of the police party. In spits of the same, the police party was able to catch hold all the five persons and one of them pulled out the dragger and tried to stab the police constable. However, when the said police constable tried to avoid, the blow fell on his hand, thereby he (sic) some injuries. The police party caught hold of them and on interrogation, they disclosed their names and identify. On verification, it was noticed that accused No. 1 -Arun was possessing dragger, with which be assaulted the police constable. On search of the car, one more dragger was found inside the car apart from the chilly power packets. All the five accused persons was arrested and the Indica Car was also seized. On the basis of the report of the Police sub inspector, case came to be registered and investigation was taken up. The Petitioners were subjected to judicial custody. As the prayer for bail came to be rejected by the Sessions Court, the Petitioners are before this Court seeking the relief of bail.

(3.) IT is the submission of the learned Counsel appearing for the Petitioners that this Court has already granted bail to accused No. 3 against whom similar allegations have been made. Therefore, on the principle of parity, Petitioners are entitled to be enlarged on bail.