Bail granted as no further investigation needed and no prior criminal record.

ORAL ORDER

Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.

2. This petition under Section 483 of BNS S, 2023 is preferred to enlarge the petitioner / accused on bail in Crime No.103/2024 of Basavanahalli Police Station, Chikkamagaluru, registered for the offence punishable under Section 118(1) and 351(2) of the BNS , 2023.

3. On recording the further statement of injured, Sanjay / complainant, Section 109(1) of the BNS , 2023 has been incorporated.

4. The complaint averments would revel that the injured / complainant is doing plumbing and POP work and he was residing behind Chamundi Coffee Curing Works, Market Ground, Chikkamagaluru. In the month of October, accused who had undertaken construction of the cloth shop near Food Palace, had entrusted the electrical and POP work to the complainant for Rs.75,000/-. A sum of Rs.7,000/- for electric and POP work and a sum of Rs.9,000/- for electrical equipments was paid to the complainant. Since there was delay in completion of the work, accused went to the house of the complainant and insisted him to complete the work. Since the accused told the complainant that he would give the balance amount of Rs.24,500/-, complainant along with one Sunil went to his house at about 11:30 p.m., at that time, all of a sudden accused assaulted him with a sickle on his back and head, left hand and also assaulted Sunil, when he tried to intervene.

5. The injured / complainant was shifted to Government M.G. Hospital, Chikkamagalur and he was treated for the injuries.

6. A perusal of the complaint averments goes to show that incident occurred as the complainant had not completed the work entrusted to him. The statement of the injured was recorded from the hospital. Thereafter, case was initially registered for the offence punishable under Section 118(1) , 351(2) of BNS 2023. However, in the subsequent statement, the complainant alleged that he was assaulted by the accused with an intention to kill him. Hence, Section 109(1) of BNS was incorporated. 7. I have perused the wound certificates of the injured. The injuries sustained are simple in nature. Petitioner is in custody from 22.11.2024. He is not required for further interrogation. He has no criminal antecedents. In the said facts and circumstances, the relief sought can be granted by imposing conditions.

Accordingly, the following:-

ORDER

i) Petition is allowed ii) Petitioner / accused shall be released on bail in Crime No.103/2024 of Basavanahalli Police Station, Chikkamagaluru, subject to following conditions:

a) He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address.

c) He shall not leave the jurisdiction of the trial C ourt without prior permission of the learned session Judge.

d) He shall not tamper with the prosecution witnesses either directly or indirectly.

e) He shall appear before the trial Court on all dates of hearing without fail.