The court's decision was based on the assessment of the nature of injuries, the filing of the charge sheet, and the special powers vested with the court under Section 439 of Cr.P.C.

JUDGMENT/ORDER

V Srishananda, J. - Heard Sri. Ranganatha Reddy.R, learned counsel for the petitioner and Sri. Vinayaka.S, learned High Court Government Pleader for the respondent-State. Perused the records.

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

'Wherefore, the petitioner humbly prays that this Hon'ble Court may kindly be pleased to ordered the Petitioner to be enlarged on bail in Crime No.280/2022 registered by Bommanahalli Police and registered in CMM at Bangalore for offences punishable under Sections 307, 498(a) r/w 34 of the Indian Penal code on such terms and conditions as this Hon'ble Court may deem fit to impose in the circumstances of the case and in the interest of justice.'

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

Upon the complaint lodged by wife of the petitioner, with the Bommanahalli police Station, a case in Crime No.280/2022 for the offences punishable under Sections 498(A), 307 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) came to be registered by the Bommanahalli Police.

4. Gist of the complaint averment reveals that the petitioner being husband was ill-treating the complainant on the ground that the couple could not beget a male child. A scuffle took place on 31.12.2022 at about 5.00 pm and the petitioner said to have assaulted the complainant and tried to smoother the complainant in order to take away her life. At this juncture, complainant bitten the finger of the petitioner and children of petitioner and his wife also came to rescue the complainant and somehow the complainant escaped from the clutches of the petitioner and lodged the complaint to the police sought for action.

5. After registering case, or investigating the matter interalia and arrested the petitioner on 01.01.2023 and sent him to judicial custody. After thorough investigation, the charge sheet is filed for the aforesaid offences.

6. The attempt made by the petitioner to obtain in order of bail was turned down by the learned District Judge by order dated 09.01.2023 Crl. Misc. No.54/2023. Thereafter, the petitioner is before this Court.

7. Sri. Ranganatha Reddy.R, learned counsel for the petitioner reiterating the grounds urged in the bail petition, vehemently contended that the incident as alleged is a minor scuffle and the same has been blown out of proportion and a false case has been registered as against the petitioner for the offence punishable under Section 307 of IPC and sought for grant of bail. He also pointed out that the police have already filed the charge sheet, as such continuation of the petitioner in judicial custody no longer warranted and therefore, sought for grant of bail.

8. Per contra, learned High Court Government Pleader opposes the bail petition stating that the petitioner has gone to the extent of taking away the life of the complainant who is none other than his own wife and if the petitioner is enlarged on bail in every possibility of threat to the life of the complainant and therefore, he sought for rejection of the bail petition.

9. He also pointed out that the children of the couple are the eye witnesses to the incident who have given a statement before the Police about overtact committed by the petitioner on the faithful day and therefore, the gravity of the offence as alleged against the petitioner is on the higher side and sought for rejection of the bail.

10. In view of the rival contentions, this Court perused the materials on record meticulously.

11. On such perusal of the material on record, admittedly, there were differences of opinion between the couple on account of the fact that couple not beget a male child. In pursuance of the same, on fateful day i.e., 31.12.20222, at about 5.00 p.m., there was scuffle and in this scuffle, the petitioner alleged to have assaulted the complainant and tried to smoother and strangulate and take away the life of the complainant. The said attempt of the accused failed on account