This petition is filed by the petitioner/accused No.5 under

Section 439 of Cr.P.C., seeking for grant of regular bail in Crime

No.40/2022 registered by Sirigeri Police Station, Tekkalakote Circle,

District Ballari for the offences punishable under Sections 307 and

120(B) read with Section 34 of the Indian Penal Code (for short

8IPC9).

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader for the respondent-State.

3.

The case of the prosecution is that on the complaint of

one Basappa before the Police on 21.03.2022 alleging that on the

said day when he was proceeding on his motorcycle, some three

persons were stopped his motorcycle and they stated to lend some

petrol as the petrol is exhausted in their motorcycle and hence the

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complainant stopped his vehicle, at that time someone thrown chilly

powder on his face and trying to kill him. The complainant by

calling others trying to catch them, but two persons were escaped

from the spot and they caught hold only one person who is juvenile

offender by name Mahesh Babu S/o. Mallikarjuna, aged about 16

years. On enquiry he has revealed the names of Narendra and Ravi

those who were escaped from the spot. After arresting the juvenile

offender, the Police also arrested accused No.3, while in

investigation it was revealed the name of accused No.4 who said to

be engaged accused Nos.1 to 3 to commit the murder of the

complainant. Therefore the Police arrested the accused No.4,

where he has pointed out accused No.5 at whose instance they

have

committed

attempt

to

murder

of

the

complainant.

Subsequently, accused No.5 arrested on 16.05.2022 and remanded

to judicial custody. The bail petition filed by the petitioner came to

be rejected. Hence, the petitioner is before this Court seeking for

grant of bail.

4.

The learned counsel for the petitioner has contended

that the petitioner is innocent of the alleged offences. There is no

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injury caused to the complainant. The accused Nos.1 to 3 was

attempt to commit murder of the complainant, even though they

have not assaulted by themselves. There is no motive or intention

shown in the complaint except harassing the complainant, nothing

has been recovered. The petitioner is in custody from one month

and he is ready to abide by any conditions. All the accused persons

were arrested. Hence, he prayed for grant of bail.

5.

Per contra, the learned High Court Government Pleader

has seriously objected the bail petition and contended that the

petitioner is also indulge in supari killer who attempt to committing

murder of the complainant, but he was escaped from the spot. The

investigation is still in progress, therefore she prayed for rejection

of bail petition.

6.

Upon hearing the arguments of both counsel and

perused the records.

7.

Of course, there is no injury sustained by the accused

persons except throwing chilly powder on the face of the

complainant. This first accused is said to be juvenile offender aged

about 16 years was apprehended the juvenile police and on his

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statement accused No.2 was arrested. In turn, accused No.2 given

statement that this petitioner engaged accused No.4 by giving

supari to commit murder of the complainant. However detailed

investigation is not available on record except complaint and FIR

never these petitioner not found in FIR, complaint and not motive

or anything mentioned in the complaint to show this petitioner was

participated in the crime. However, even for the purpose of Section

120(B) of IPC, there is no material placed on record.

8.

Considering the case, I am of the that view that most of

the investigation has been completed except for filing the charge

sheet. Therefore by imposing some stringent conditions if bail is

granted, not prejudice would be caused to the case of the

prosecution. Accordingly, I pass the following order:

9.

Accordingly, the Criminal petition is allowed. The Trial

Court is directed to release the petitioner/accused No.5 on ba