B. RAVIKUMARA Vs. STATE

JUDGEMENT

(1.) This is the petition filed by the petitioners accused Nos. 2 and 3 under Section 439 of the Cr.P.C. seeking their release on bail of the offence punishable under Sections 399 and 402 of the IPC registered in respondent police station Crime No. 354/2013. The brief facts of the case as per the averments made in the complaint that, the respondent police registered suo motu complaint alleging that on 28.10.2013 at about 11.30 p.m. while the complainant PSI received credible information that around 4-5 persons have assembled at Mallapura cross armed with lethal weapons with an intention to commit dacoity. Immediately he along with his staff and panch witnesses rushed to the said place and watched from distance and found 4 persons with lethal weapons preparing to commit dacoity. Immediately he conducted the raid and managed to apprehend three accused persons and among them two of them managed to escape. On the basis of the said complaint the case has been registered against the petitioners and other accused persons.

(2.) Heard the learned counsel appearing for the petitioners accused Nos. 2 and 3 and also the learned Government Pleader for the respondent State.

(3.) Perused the averments made in the bail petition, FIR, complaint, the order passed by the lower court and other materials produced in the case. The accused No. 1 and accused Nos. 4 and 5 have been already granted with bail by the trial court under the similar set of allegations. Therefore, on the ground of parity the present petitioner is entitled to be released on bail as the allegations made against the accused persons are one and the same. The offence alleged under Sections 399 and 402 of the IPC are not exclusively punishable with death or imprisonment for life. With regards to the apprehension of the prosecution, reasonable conditions can be imposed to safeguard the interest of the prosecution. Hence looking to the materials on record and as other accused are already released on bail, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners accused Nos. 2 and (sic). Accordingly, the petition is allowed and the petitioners are ordered to be released on bail of the offences punishable under Sections 399 and 402 of IPC registered in respondent police station in Crime No. 354/2013, subject to the following conditions: