( 1 ) THIS is a petition under S. 439 of the cr. P. C. (hereinafter referred to as 'the Code') for grant of bail.

( 2 ) THE petitioner is one of the accuaed. in Crime No. 526 of 1982, pending on the file of the learned Metropolitan magistrate II Court, Bangalore City. It is alleged! that he along with two other accused, on 27. 11. 82 at about 7. 30 a. m. , attempted to cause murder of the complainant Yephodamma, by assaulting her with a chopper. Thus the petitioner is accused of an offence punishable under S. 307 rea,d with Sec. 34 of the IPC.

( 3 ) THE petitioner had approached the learned Magistrate for grant of bail, but without success. . The application of the petitioner for grant of bail has 'been rejected by the learned Magistrate only on the ground that the, offence alleged against the petitioner is exclusively triable by the Court of sessions. Consequently, the application has not been considered on merits.

( 4 ) S. 437 of the Code empowers the court other than the High Court and court of Session to enlarge, a person accused of an offence if he is brought or appears before it. Therefore, it is incumbent upon the Court to find out fa a petition for bail as to