S Vishwajith Shetty, J
1. Accused No.3 in crime No.141/2022 registered by Melukote Police Station, Mandya for offences punishable under Sections 143, 302 and 149 of the
Indian Penal Code, 1860 ('the IPC' for short) is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. On the basis of the complaint lodged by Swamy L.C., dated 29.09.2022 FIR in crime No.141/2022 was registered by Melukote Police against five
accused persons, who are named in the complaint. Petitioner is arraigned as accused No.3 in the FIR. As per the complaint averments, complainant is
the father of Dhananjaya, who had some ill-will with Rohitha son of Rangaswamy. Rohitha allegedly had threatened complainant's son with dire
consequences to his life. Complainant's son Dhananjaya was accused in a criminal case where he had allegedly assaulted Rohitha's uncle's son. In this
regard Rohitha had a ill-will against complainant's son Dhananjaya. On 29.09.2022 at about 10.30a.m. after the complainant had returned home from
his shop, his brother Kenchegowda informed him that near Sarovara hotel in their village, the accused persons had fought with Dhananjaya and had
assaulted him with deadly weapons. Immediately complainant went near Sarovara hotel and he was informed that his son was taken to hospital at
Pandavapura. When the complainant reached the hospital at Pandavapura, he found the dead body of his son. Thereafter, he had approached the
Police and lodged the complaint. During the course of investigation accused No.3 was arrested on 11.10.2022. Investigation in the case is complete
and the charge sheet has been filed. Bail application filed by the petitioner before the Court III Additional District and Sessions Judge, Mandya, sitting
at Srirangapatna was dismissed and therefore, the petitioner is before this Court.
4. The learned counsel appearing for the petitioner submits that there is no allegation of assault on the deceased by the petitioner herein. Petitioner
allegedly held the hand of deceased so as to facilitate accused Nos.1 and 2, to assault the deceased. Accused No.5 as against whom there are almost
similar allegations has been granted regular bail by this Court in Crl.P.No.4000/2023. He accordingly, prays to allow the petition.
5. Per contra, learned SPP appearing on behalf of respondent - State submits that accused Nos.3 and 4 were through out present with accused Nos.1
and 2 and they share a common intention. Though there are no allegations of assault by accused Nos.3 and 4 on the deceased they had held deceased
and enabled accused Nos.1 and 2 to assault him. He submits that accused Nos.3, 4 and 5 do not stand on the same footing. Therefore, on the ground
of parity, accused No.3 cannot be enlarged on bail.
6. Law was set in motion in the present case on the basis of the complaint lodged by the father of the deceased. In the complaint, the presence of the
petitioner herein along with accused Nos.1 and 2 has been stated. During the course of investigation, the accused No.3 was arrested on 11.10.2022.
As per the charge sheet allegations, accused No.1 had fought with deceased Dhananjaya inside the hotel and thereafter, had sent accused No.4 to
fetch the weapons. Accused Nos.4 and 5 bought a long and knife and handed over the same to accused Nos.1 and 2. Thereafter, accused No.1
induced deceased Dhananjaya to accompany him to the backyard of the hotel and at that time, accused Nos.3 and 4 allegedly held Dhananjaya and at
their instigation, accused Nos.1 and 2 assaulted Dhananjaya with long and knife, respectively. As a result of the said assault, Dhananjaya had
succumbed to the injuries. The only allegation as against accused Nos.3 and 4 is that they had held the deceased, so as to facilitate accused Nos.1 and
2 to assault him. Accused Nos.4 and 5 allegedly had bought the weapons after accused No.1 had initially quarreled with the deceased inside the hotel.
Therefore, the charge sheet allegation would indicate that accused No.5 was also present with accused Nos.1 to 4. Accused No.5 has been already
enlarged on regular bail by this Court in Crl.P.No.4000/2023, which was disposed of on 07.06.2023. The petitioner is in custody since 11.10.2022.
Investigation in the case is complete and the charge sheet has been filed. Accused Nos.1 and 2 as against whom there are allegations of assault are in
custody and their bail applications have been dismissed as withdrawn by this court with liberty to approach this Court after examination of the eye
witnesses is completed. Under these circumstances, I am of the view that the prayer made by accused No.3 for grant of regular bail is required to be
answered affirmatively.
7. Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.141/2022 of Melukote Police Station registered for
the offences punishable under Sections 143, 302 and 149 of the IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the
jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid
reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed
off.
