SHAIK BARKATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(2.) This petition is a successive bail petition filed by the petitioner/accused No.1 and earlier he had approached this Court by filing Crl.P.No.7424/2021 and this Court taken note of that accused No.1 along with other accused persons inflicted injury with machu against the victim as well as C.W.2, who had sustained injuries. C.W.2 is an eye- witness to the incident who had suffered injuries and other witnesses have also witnessed the incident. There were 21 injuries on the victim in terms of post mortem report and a brutal attack was made against the victim and these injuries are chopped wound injuries. This Court taking note of the statement of eye-witnesses C.W.11 to C.W.13 rejected the bail petition vide order dtd. 5/1/2022, wherein also considered the ground of parity referring the judgment of the Apex Court in the case of RAMESH BHAVAN RATHOD v. VISHANBHAI HIRABHAI MAKWANA (KOLI) AND ANOTHER reported in (2021) 6 SCC 230. The petitioner once again approached this Court in Crl.P.No.4068/2022 and the same was rejected on 30/5/2022, wherein it is observed that the matter was already considered on merits and also taken note of the injured statement of C.W.2 and also the statement of eye- witnesses C.W.11 to C.W.13 and rejected the bail petition. Now the third petition is filed before this Court on the ground that accused No.3 is enlarged on bail and the allegation against him is that he also inflicted injury along with this petitioner.

(3.) The learned counsel for the petitioner relied upon the order passed by the Trial Court in S.C.No.1134/2021 granting bail in favour of accused No.3 and prays this Court to grant bail in favour of the petitioner on the ground of parity. Though the Trial Court comes to the conclusion that accused No.3 is not entitled for bail on the ground of parity, as he is suffering from acute appendicitis he is entitled for bail and granted bail on medical ground. The learned counsel submits that the petitioner is in custody from 27/3/2021 and hence he may be granted bail.