- (1.) PETITIONER has been arraigned as accused No.6 in C.C.No.21417/2012 on the file of I Additional Chief Metropolitan Magistrate, Bangalore registered for the offences punishable under Sections 143, 144, 147, 148, 324, 307 R/w. Section 149 IPC.
(2.) ACCORDING to the allegations made in the charge sheet, this petitioner along with other accused committed acts of assault on the deceased Srinivas and CW.1 ­ Abhishek and CW.2 ­ Karthik in Kempegowda playground in Hanumanthanagar, Bangalore at about 6.00 p.m., on 19.7.2012 and thereby caused them grievous hurts to which later, Srinivas succumbed. Learned Counsel for petitioner contended that accused Nos.2 to 5 and 7 have already been granted bail by this Court and that this petitioner stands on the same footing as that of the other accused persons, who are granted bail therefore, on the principles of parity, the petitioner is entitled for bail. It is also contended that the name of the petitioner did not figure in the first information report, lodged at the earliest point of time and subsequently as an after thought, he has been falsely implicated in the case.
(3.) HAVING heard both the sides and in the light of the fact that accused Nos.2 to 5 and 7 have already been granted bail, I find no ground to deny the relief of bail to this petitioner. In the first place, the name of this petitioner did not figure in the complaint said to have been lodged by CW-1, at the earliest point of time. CW-1 is stated to be an injured eye witness. It is only in the further statement said to have been made by him on the same day, the complicity of this petitioner has been disclosed. The incident alleged, appears to have occurred while the boys in two groups were playing cricket in the playground and a quarrel ensued when the cricket ball hit by the group headed by the deceased and CWs.1 and 2, went into the area where the accused persons were playing cricket. The accused persons said to have assaulted the deceased as well as CWs.1 and 2 with knife, stones etc.;