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

regular bail of the petitioner in Crime No.72/2022 of Rajagopal

Nagar Police Station, Bengaluru City, for the offence punishable

under Sections 354B, 323, 307, 504 and 506 of IPC.

2.

Heard the learned counsel 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 the complainant in the complaint has stated that her

husband is working as a mason and this petitioner used to come

and make galata for trivial matters under the influence of alcohol

and the said fact was brought to the notice of her husband on

07.03.2022 after he retuned from the work and when husband

went and questioned him, he took out the iron rod and inflicted

injury on his left hand, leg and on head with an intention to take

away his life and immediately he was taken to KC General

Hospital and now he is taking treatment at Victoria Hospital.

4.

The learned counsel for the petitioner submits that

this petitioner is in custody from 08.03.2022 and the injured is

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discharged from the hospital and he is out of danger and hence

the petitioner may be enlarged on bail and for trivial matter, the

scuffle was taken place.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State submits that the

victim had sustained grievous injury since iron rod was used for

assaulting him on the vital part on the head and also caused

deformities to the forearm and also injuries sustained by him is

on the left temporal region and hence there is a prima facie case

against the petitioner.

6.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader appearing for

the respondent-State and also on perusal of the material

available on record and taking note of the nature of injuries, no

doubt, the injures are grievous in nature and whether with an

intention to take away the life, the petitioner inflicted the injury

or not has to be considered during the course of trial. Taking

note of for trivial issues the incident was taken place, the Court

has to take note of the circumstances under which the incident

was taken place and the petitioner is in custody from 08.03.2022

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and no further custodial investigation is required and injured is

out of danger. Hence, it is a fit case to grant bail in favour of

the petitioner with conditions.

7.

In view of the discussions made above, I pass the

following:

ORDER

The petition is allowed. Consequently, the petitioner shall

be released on bail in connection with Crime No.72/2022 of

Rajagopal Nagar Police Station, Bengaluru City, for the offence

punishable under Sections 354B, 323, 307, 504 and 506 of IPC,

subject to the following conditions:

(i)

The petitioner shall execute his personal bond

for a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii)

The petitioner shall not indulge in tampering

the prosecution witnesses.

(iii)

The

petitioner

shall

appear

before

the

jurisdictional Court on all the future hearing

dates, unless exempted by the Court for any

genuine cause.

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(iv)

The petitioner shall not leave the jurisdiction of

the Trial Court without prior permission of the

Court till the case registered against him is

disposed of.

Sd/-

JUDGE

MD