Karnataka High Court: A Single Judge Bench comprising of Budihal R.B., J., decided a criminal petition filed under Section 439 of CrPC, and held that in the facts and circumstances of the case, the petitioners-accused should be granted bail on the grounds of parity.
The petitioners were accused of kidnapping, dacoity and criminal conspiracy; and were booked under Sections 364(A), 397 and 120(B) of IPC. The case against the petitioners was that they along with other accused persons restrained the complainant on the road, robbed him of his belongings, took him to different places and asked his father for ransom. The accused persons released the complainant only after receiving Rupees Five Lakhs as ransom money. Learned counsel for the petitioners submitted that the investigation was complete and charge-sheet had already been filed. Also two of the other accused persons were already granted bail. Therefore, he submitted that the petitioners be enlarged on bail.
The High Court perused the record and found that it had granted bail to the other accused persons after considering merits of the case. There were similar set of allegations against all the accused. The petitioners-accused herein, submitted that they were innocent and falsely implicated in the case. The investigation was complete and the charge-sheet was filed. Therefore, on the grounds of parity, the Court was of the view that it was a fit case to exercise judicial discretion in favor of the petitioners.
Accordingly, the petition was allowed and the petitioners were enlarged on bail. [Syed Parvez v. State of Karnataka, 2018 SCC OnLine Kar 4, order dated 3.1.2018]