The delay in trial proceedings and the grant of bail to other accused can influence the decision to grant bail based on parity and the reliance on circumstantial evidence.

JUDGMENT

1. This petition is filed by the petitioner/Accused No.3 under Sec. 439 of Cr.P.C. seeking regular bail in Crime No.115/2020 of Ramdurga Police Station, registered for the offences punishable under Ss. 120(B), 302 and 301 read with sec. 34 of IPC, pending on the file of IX Additional District and Sessions Judge, Belagavi in SC No.248/2020.

2. The brief factual matrix leading to the case are that the mother of deceased by name Smt. Basavva has lodged a complaint regarding her son-Shivaputrappa being murdered by unknown persons.

3. It is the case of prosecution that, the son of the complainant by name Shivaputrappa had married Accused No.4-Shantha and she is working as Home Nurse at Belagavi. The deceased was addicted to bad vces and he was a chronic alcoholic. It is alleged that, on 11/7/2020 he did not return home and on enquiry, the complainant received an information that, he had been to Yeragatti to meet his wife ie., Accused No.4- Shantha and on 12/7/2020 at 7.15 am., she got an information regarding the death of her son Shivaputrappa in the accident and when she visited the spot, she found that the dead body of her son was lying and she found certain ligature marks on the neck of the deceased. Hence, the complainant has lodged a complaint regarding murder of her son and subsequently, after post-mortem, it is revealed that death was because of strangulation. Investigation was undertaken and during the course of investigation, the Investigating Officer apprehended Accused No.4 and interrogated her and then as per her statement, he apprehended Accused Nos. 1 to 3.

4. It is the case of prosecution that accused No.1 was having illicit relationship with Accused No.4 and Accused No.4 has given Supari to Accused Nos. 1 to 3 to kill the deceased and in pursuance of the same, the murder was committed. In this regard, after completing investigation, charge sheet against the accused persons came to be submitted. The petitioner/Accused No.3 has initially moved the bail petition before this Court and the same was rejected by this Court in Criminal Petition No.101384/2021 vide order dtd. 30/9/2021. Now the petitioner has moved this successive bail petition.

5. Heard the learned counsel for the petitioner/Accused No.3 and the learned HCGP for the Respondent-State. Perused the records.

6. The learned counsel for the petitioner/Accused No.3 would contend that, the petitioner is in custody since from 15/7/2020 and the charge sheet has already been laid down. He would also contend that, all other accused have already been granted bail by the Co-ordinate Bench of this Court and the petitioner/Accused No.3 is sailing in the same boat as that of Accused Nos. 1 & 2, who were granted bail and on the ground of parity, he may be granted bail. It is also contended that the entire case is based on circumstantial evidence, which is required to be established during the course of trial and for last more than two years, he is languishing in jail. He also undertakes to abide by all the terms and conditions to be imposed by this Court.

7. Per contra, the learned HCGP has seriously objected the bail petition denying all the allegations and assertions made therein. He would contend that, this is a successive bail petition, but there are no changed circumstances and as such, he would seek for rejection of the bail petition.

8. On perusal of the records, it is evident that the specific allegations have been made against the present petitioner/Accused No.3 as to the fact that, he is the Supari Killer and he was given Supari to kill the deceased Shivaputrappa along with Accused Nos. 1 & 2 by Accused No.4. There is no doubt that, Accused No.4 has been granted bail. But, it was on the ground that she has not directly participated in commission of the offence. However, it is also evident that subsequently, Accused No.1 was granted bail in Criminal Petition No.101691/2021 and Accused No.2 was granted bail in Criminal Petition No.102196/2021. Accused Nos. 1