1. This petition is filed under Section 438 of Cr.P.C with the following prayer:

“Wherefore, the Petitioner / Accused No.1 most respectfully prays that this Hon’ble Court be pleased to grant anticipatory bail by directing the respondent police to enlarge him on bail in the event of his arrest in Crime No.214/2022 of Kodihalli Police Station for the alleged offence Punishable under Section 306 R/w Section 34 of IPC pending in Hon’ble I Additional Civil Judge and J.M.F.C at Kanakapura District, Ramanagara, on such terms and conditions this Hon’ble Court may deem fit and proper after considering the facts and circumstances of this case, in the interest of justice.”

2. Petitioner is accused No.1 in Crime No.214/2022 on the file of the Kodihalli Police Station, Ramanagar District. The offences alleged against the petitioner and others are under Section 306 read with Section 34 of IPC.

3. The brief facts of the case are as under:

Upon the unnatural death of Girisha. K Y., the aforesaid complaint came to be registered as UDR case and later on suspecting the hand of the petitioner and others, a case came to be registered in Crime No.214/2022.

3. The co-accused has been granted anticipatory bail by this Court in Crl.P.No.411/2023. Based on the same, petitioner is also seeking grant of bail. However, the learned HCGP opposes grant of bail by contending that there is a death note.

4. The name of the co-accused who has the benefit of anticipatory bail also appears in the death note. Thus, without discussing further on the merits of the matter, this Court is of the opinion that the petitioner is entitled for grant of anticipatory bail on the ground of parity. The apprehension can be met with by directing the petitioner to join the investigation.

5. Accordingly, I pass the following:

ORDER

The petition is allowed. The petitioner is directed to join the investigation by appearing before the Investigating agency on 20.3.2023 at 10.00 a.m. The investigating Officer is at liberty to take the accused to custody and complete the custodial investigation on the same day before 6.00 p.m. The petitioner shall co-operate with the Investigating agency including furnishing of handwriting etc. After the custodial investigation, the petitioner shall be enlarged on bail in Crime No.217/2022 of Kodihalli Police Station, for offence punishable under Section 306 read with Section 34 of IPC. subject to the following conditions:

(i) The petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum to the satisfaction of the Investigating Officer;

(ii) The petitioner shall not tamper with the prosecution witnesses in any manner;

(iii) The petitioner shall not leave the jurisdiction of Ramnagara District without prior permission;

(iv) The petitioner shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 a.m. to 2.00 p.m. till the charge sheet is filed;

(v) The petitioner shall attend the Court regularly.

Violation of any one of the above bail conditions would entitle the prosecution to seek for cancellation of bail.