Karnataka High Court Grants Bail To Accused In Murder Case On Ground Of Parity
The Karnataka High Court has granted bail to a murder accused, observing that though the allegations against him and others are of serious nature but the overt act alleged against him is similar to that of other accused, who have already been granted bail."The charge sheet filed by the Investigating Officer makes out a prima facie case against all the accused including the...
The Karnataka High Court has granted bail to a murder accused, observing that though the allegations against him and others are of serious nature but the overt act alleged against him is similar to that of other accused, who have already been granted bail.
"The charge sheet filed by the Investigating Officer makes out a prima facie case against all the accused including the petitioner. Admittedly, the overt act alleged against the present petitioner is similar to that of accused Nos.2 and 3. It is not in dispute that accused Nos. 2 and 3 are already enlarged on bail. Under such circumstances, the benefit of parity is to be extended to the present petitioner," it said.
The court also noted that the investigation has been completed and the charge sheet has also been filed. "Therefore, detention of the petitioner in custody would amount to infringement of his right to life and liberty," it added.
A single judge bench of Justice M G Uma made the observations while granting bail to one Ravi @ Kamaran Ravi. The petitioner is charged for offences punishable under sections Sections 302, 120-B read with Section 149 of the Indian Penal Code, on the basis of the first information lodged by the informant K Dhanalakshmi, in 2020.
He approached the court seeking bail contending that he is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis, his counsel argued. He was apprehended on 15.03.2020 and since then he has been in judicial custody, the court was told.
“The allegations against accused Nos.1 to 3 are similar with regard to the overt act said to have been committed by them. However, accused Nos.2 and 3 have already been enlarged on bail. Therefore, on the ground of parity, this petitioner is also entitled to be enlarged on bail," the counsel representing the accused submitted.
The prosecution opposed the plea saying serious allegations have been made against the petitioner for having committed the offences. The petitioner is the main accused, it said
"The charge sheet is already filed which makes out a prima facie case against the petitioner for having committed the offences. Considering the nature and seriousness of the offences, the petitioner is not entitled for grant of bail," the government pleader submitted.
Case Title: Ravi @ Kamran Ravi And State of Karnataka
Case No: CRIMINAL PETITION NO. 11294 OF 2022
Citation: 2023 LiveLaw (Kar) 15
Date of order: 05-01-2023
Appearance:
Advocate Raghavendra Gowda K, Advocate Mohankumara D for petitioner.
HCGP K. Rahul Rai for respondent.