An accused charged with offences under Sections 323 and 324 read with Section 149 of IPC is entitled to bail, even if other accused in the same case are charged with the offence punishable under Section 302 of IPC.

Heard Sri Rajesh Doddamani, learned counsel for the

petitioner and learned HCGP Sri Gururaj V.Hasilkar for

respondent/State.

2.

The present petition is filed under Section 439

of Cr.P.C with the following prayer :-

To

allow

the

petition

and

the

petitioner/accused No.5 as per charge sheet

on bail in connection with the Crime

No.12/2020

of

Khatak

Chincholi

Police

Station

registered

for

the

offences

punishable under Sections 143, 144, 147,

148, 323, 324, 504, 506, 302 and 201 r/w

149 of IPC now pending on the file of the

Hon'ble District and Sessions Judge, Bidar in

S.C.No.77/2021.

3

3.

Brief facts of the case are as under :-

A complaint came to be lodged on 31.12.2020

contending that on 26.12.2020 at about 6.30 p.m. younger

brother of the complainant Ravi left Madakatti village and

did not returned back and at about 8.30 p.m. when he

telephoned to him and told him to return home. He has

told that he will finish his dinner and return home little

later. Subsequent thereto, when he did not returned,

complainant again called him but there was no response

and mobile phone of his younger brother was switched off.

Thereafter, he searched for his younger brother in the

village and neighboring village but his younger brother was

not found. Accordingly, a missing complaint came to be

lodged. On 30.12.2021 at about 8.30 p.m. Katack

Chincholi police telephoned to him and told that there is a

dead body in the forest area he was required to visit the

forest to identify the dead body. Accordingly, himself, his

mother Renuka together went to the police station and

from there they visited the forest area and there they

found a dead body and they identified that it is the dead

4

body of his younger brother Ravi and lodged a complaint

for taking action. Police after registering of the case in

Crime No.109/2020, were in investigation and later on

they found five persons were responsible for the death of

Ravi including the petitioner and they filed a charge-sheet

before the court for the offences punishable under Sections

143, 144, 147, 148, 323, 324, 504, 506, 302 and 201 read

with Section 149 of IPC against accused Nos.1 to 4 and so

also Section 143, 144, 147, 148, 323, 324, 504 and 506

read with Section 149 of IPC for accused No.5 (for the

present petitioner).

4.

Accused No.5/petiioner is in custody since

24.06.2021. He applied for bail before the District Court

which was rejected. Therefore, he has approached this

court for grant of bail.

5.

Sri Rajesh Doddamani learned counsel for the

petitioner contends that even according to the prosecution

as per the charge-sheet in column No.17 this present

petitioner is liable for the offences punishable under

5

Sections 323 and 324 read with Section 149 of IPC and not

Section 302 of IPC. Therefore, the present petitioner is

entitled for grant of bail. Despite in column No.17 showing

that accused/present petitioner is only liable for the

offence as aforesaid, he has been detained in the custody

and therefore sought for grant of bail.

6.

Per contra, learned High Court Government

Pleader opposes the bail petition. He has also contended

that accused/petitioner is liable for the offence punishable

under Section 302 of IPC. In reply, learned counsel

Sri Rajesh Doddamni also contend that the statement of

the objections filed by the prosecution is to be considered,

this Court has granted bail to accused Nos.3 and 4 by

order dated 30.07.2021 and therefore present petition is

also entitled for grant of bail on the ground of parity.

7.

This court perused the material on record.

Admittedly,

as

per

charge-sheet

in column No.17,

accused/present petitioner is charge sheeted for the

offences punishable under Sections 143, 144, 147, 148,

6

323, 324, 504 and 506 read with Section 149 of IPC.

Moreover, accused Nos.3, 4 who have charge-sheeted for

the offence punishable under Section 302 of IPC, they

have also been granted bail by this Court.

8.

Keeping note of these aspects of the matter

without holding a mini trial on me