LI Network
Published on: December 27, 2023 at 20:22 IST
The Karnataka High Court has highlighted that an accused cannot automatically claim bail merely because a co-accused has been granted the same relief.
The Court, presided over by Justice M. Nagaprasanna, made this observation while rejecting a bail petition filed by an individual accused of murder and various offenses under the Indian Penal Code, 1860 (IPC).
The Court emphasized the importance of independently evaluating each offense and corresponding actions rather than blindly following bail orders for co-accused.
Justice Nagaprasanna stated, “The plea of parity that is projected is not binding, as individual offences and individual overt acts are to be assessed and not to simply follow orders of other accused who are enlarged on bail, and on parity grant the same. The parity at best is persuasive.”
The petitioner, the second accused in the case, sought bail under various sections of the IPC, including 143, 144, 148, 341, 342, 323, 324, 364, 307, 302, and 506, read with Section 149. Previous bail applications by the petitioner had been rejected, prompting the current appeal.
The Court acknowledged that another accused (third accused) had been granted bail due to urgent medical needs for surgery on the left knee and spine, supported by a medical report.
However, the Court clarified that this circumstance did not constitute a changed circumstance for the petitioner, as the previous release had occurred before the rejection of bail for the petitioner.
Justice Nagaprasanna highlighted the severity of the charges against the petitioner, including using a chopper to harm the deceased and later dismembering the hands. Despite acknowledging the plea for parity, the Court asserted that the mere fact that other accused had been granted bail did not automatically entitle the petitioner to the same relief.
The Court rejected the petitioner’s claim related to his father’s medical condition as an attempt to secure bail, deeming it unacceptable. Consequently, the Court dismissed the petition filed by Almas Pasha against the State of Karnataka.
Case Title: Almas Pasha v The State Of Karnataka