JUDGMENT

V. Srishananda, J. - Heard Sri Shivasharana Reddy, learned counsel for the petitioner and Smt. Maya T.R., learned High Court Government Pleader.

2. The present petition is filed under Section 439 of Cr.P.C., with the following prayer:

'WHEREFORE it is most humbly prayed to this Hon'ble court to allow the petition and petitioners be enlarged on regular bail in crime no 77/2022 of Respondent M.B Nagar Police Station for offence punishable U/S 448, 379, 511 and 308 of IPC pending on the file of IV Addl JMFC at Kalaburagi in the interest of justice and equity.'

3. The accused/petitioner is charged with offences punishable under Sections 448, 379, 511 and 308 of IPC.

4. Brief facts which are necessary for disposal of the present petition are as under:

One Nagendra S/o Mallikarjun Biradar lodged a complaint with M.B.Nagar Police Station, Kalaburagi, which is registered in Crime No.77/2022 on 07.09.2022. Gist of the complaint averments reveal that on 06.09.2022 at about 3.00 a.m., the petitioner attempted to thieve the equipments in respect of a mobile tower by pushing the security guard and when the same was resisted, he took stone and tried to assault on the security guard resulting in grievous injuries to the security guard and therefore, the police registered the case for the offences punishable under Sections 448, 379, 511 and 308 of IPC.

5. The petitioner/accused has been arrested and he is in judicial custody from 26.09.2022.

6. After investigation, the police have filed chargesheet against the accused and the matter is pending for consideration before the appropriate Court. Taking note of the fact that the chargesheet is filed and also taking note of the fact that there is no wound certificate produced along with the chargesheet papers, this Court is of the considered opinion that the accused/petitioner be enlarged on bail by directing him to execute the bond.

7. However, learned High Court Government Pleader opposes the bail petition stating that the petitioner has been involved in two more cases.

8. In reply, Sri Shivasharana Reddy, learned counsel for the petitioner contended that in both those cases, he has been enlarged on bail and therefore, it should not act as an impediment for entertaining the bail petition under Section 439 of Cr.P.C., and sought for grant of bail.

9. This Court perused the material on record meticulously in view of the rival contentions of the parties.

10. Admittedly, the incident has occurred on 06.09.2022 at 3.00 a.m., prima facie materials establish the nexus between the incident and the accused. It is the attempt made by the accused to take away the life of the security guard by throwing a big stone, but no wound certificate is produced to show that the security guard was injured in the incident.

11. Suffice to say that the material available on record at this stage would not disentitle the accused from obtaining an order of grant of bail by resorting to the special power vested in this Court under Section 439 of Cr.P.C.

12. The apprehension expressed by the prosecution can be met with by imposing suitable and stringent conditions on the accused/petitioner.

13. Accordingly, following order is passed:

ORDER

The criminal petition is allowed.

The accused/petitioner is ordered to be released on bail in respect of Crime No.77/2022 of MB Nagar Police station for the aforesaid offences, subject to following conditions:

1. Petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the concerned Court;

2. Petitioner/accused shall not directly or indirectly threaten or tamper with the prosecution witnesses in any manner;

3. Petitioner/accused shall appear before the Trial Court on all the dates of hearing without fail;

4. Petitioner/accused shall mark his attendance before M.B.Nagar Police Station once in a month on every third Sunday between 10.00 a.m., and 2.00 p.m., till the conclusion of the trial.

5. Petitioner/accuse