LAWS(KAR)-2023-8-291

CHETAN Vs. STATE OF KARNATAKA

Decided On August 29, 2023
CHETAN Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the petitioners counsel and also the counsel appearing for the respondent-State.

(2.) This is a successive bail petition filed by accused Nos.5 and 6 and these petitioners earlier have approached this Court by filing Criminal Petition No.10186/2021 and this Court has rejected the bail petition vide order dtd. 14/1/2022 and in paragraph No.6 of the judgment while rejecting the bail petition made an observation that when the specific allegations are made against these two accused persons that they have inflicted injury with the handle of the spade as well as wooden stick and taking note of the factual aspects of bail granted in favour of other accused persons, which has been referred supra, the allegation against them is that they assaulted with their hands and the same is found in column No.17 and when such being the factual aspects of the case, it cannot be held that the petitioners are entitled for bail on the ground of parity.

(3.) Now fresh petition is filed on the ground of parity again and though made the ground on merits and counsel mainly contend that similar allegations made against accused No.4 and he has been granted bail in Criminal Petition No.5511/2022 contending that these petitioners are also entitled for bail on the ground of parity. The counsel referred the said order wherein prosecution case is not discussed and only extracted the order of Criminal Petition No.8964/2021 and in paragraph No.5 comes to the conclusion that the Co-ordinate Bench in Criminal Petition No.8964/2021 dtd. 10/12/2021 on the ground of parity is entitled for bail on the ground that most of the accused have already been enlarged on bail.