This petition is filed under Section 439 of Cr.P.C., seeking

regular bail of the petitioners/accused Nos.2 and 3 in Crime

No.349/2020 of Gundlupete Police Station, Chamarajanagara

District, for the offences punishable under Sections 450, 506,

307, 392, 394, 397 read with 34 of IPC.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent/State.

3.

The factual matrix of the case of the prosecution is

that on 29.10.2020 at 10:15 p.m, when C.W.1 was in the shed,

wherein, he was residing along with his family members, at that

time, accused persons with a common intention holding deadly

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weapons in their hand viz., machete, knife and iron pipe, caused

the life threat. When he replied that he is not having any

money, accused No.1 inflicted injury with iron-rod on C.W.1 and

accused No.2 spilled the Chilly Powder on CWs.1, 2 and 3.

Accused No.1 snatched the gold chain belongs to C.W.2 weighing

25.650 grams. When C.W.1 tried to rescue C.W.2, at that time,

accused No.3 inflicted injury with a machete on C.W.1, as a

result, he had sustained the injuries. The police have registered

a case, investigated the matter and filed the charge-sheet.

4.

The learned counsel appearing for the petitioners

would submit that the main allegation is against accused No.1.

Now, the investigation has been completed and the charge-sheet

is also filed and no need of continuing them in custody. The

learned counsel for the petitioners would submit that there is no

any criminal antecedents against the petitioners herein and the

injuries are simple in nature and though clothes, machete and

iron-pipe, were seized, no positive report.

5.

Per contra, learned High Court Government Pleader

appearing for the State would submit that accused No.1 at the

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first instance inflicted injury with iron-pipe on the head and legs

of C.W.1. A specific allegation against accused No.2, who is the

first petitioner herein, spilled Chilly Powder on CWs.1 to 3 and

making use of the said circumstances, accused No.1 snatched

the gold chain weighing 25.650 grams and also against the

second petitioner/accused No.3 that he inflicted injury with a

machete on C.W.1. The learned High Court Government Pleader

for the respondent-State would submit that the stained clothes

of these two petitioners were seized and the FSL report is

positive that the clothes stained with blood. Learned High Court

Government Pleader for the respondent-State also would submit

that the weapons were seized at the instance of accused No.3

and the same is also stained with blood and the report confirms

the same.

6.

Having considered the submissions of the learned

counsel appearing for the petitioner as well as the learned High

Court Government Pleader appearing for the State and also on

perusal of the material available on record, the case of

prosecution is that these two petitioners along with accused No.1

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went with deadly weapons and spilled Chilly Powder on CWs.1 to

3 and caused the injuries with machete. Though, the injuries are

simple in nature, the Court has to take note of the fact that it is

an offence against the Society at large and the offences invoked

against the petitioners are Sections 450, 506, 307, 392, 394,

397 read with 34 of IPC with an intention to commit the offence

they went with deadly weapons and committed the offence and

also prima facie material discloses the same. The clothes of

these two petitioners are stained with blood as well as the

weapons which were seized also stained with blood. The learned

counsel for the petitioner would submit that already P.W.1 has

been examined before the Court, but he has not been cross

examined and yet to examine other prosecution witnesses.

Under these circumstances, it is not a fit case for exercising the

discretion under Section 439 of Cr.P.C., in favour of the

petitioners herein.

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7.

In view of the discussions made above, I pass the

following:

ORDER

The bail petiti