This petition is filed under Section 438 of Cr.P.C., praying

this Court to enlarge the petitioners/accused on bail in the event

of their arrest in respect of Crime No.126/2022 registered by

Gundlupete Police Station, Chamarajanagara District, for the

offences punishable under Sections 341, 307 read with 34 of

IPC.

2.

Heard the learned counsel appearing for the

petitioners and the learned High Court Government Pleader

appearing for the respondent-State.

3

3.

The factual matrix of the case of the prosecution is

that there was a civil dispute between the parties. That on

26.04.2022 at about 10:00 a.m, one of the petitioners -

Devappa was cultivating the land by using the tractor, when he

told that not to flow the land until partition takes place, these

petitioners took him near the house of Devappa and abused him

with an intention to take away his life forcibly administered the

poison and he cannot tell, who were present at the time of

administering the poison forcibly and he was in JSS Hospital,

when he regained the conscious. Based on the complaint, the

police have registered a case for the offences punishable under

Sections 341, 307 read with 34 of IPC.

4.

The learned counsel appearing for the petitioners

would submit that the wife of petitioner No.1 has filed a

complaint, which is registered as Crime No.119/2022. The

learned counsel also would submit that the wife of the

complainant also filed a complaint, which is registered as Crime

No.117/2022. In the said case, these petitioners have been

enlarged on bail. The learned counsel also would submit that

4

though the incident was taken place on 26.04.2022 after five

days of the incident, the present complaint has been filed and

the same is also by the husband of the earlier complainant and

registered as Crime No.126/2022. This complaint is an after

thought. The very complaint itself discloses that he cannot tell

who are all there at the time of forcibly administering the poison

to him. Hence, the petitioners may be enlarged on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that though two

cases are registered an attempt was made to take away the life

of Devappa. Hence, the very presence of the petitioners is

required to probe the matter.

6.

Having heard the respective counsel and on perusal

of the material available on record with regard to the very same

incident already three cases have been registered in Crime

Nos.117/2022

and

119/2022

and

the

present

Crime

No.126/2022. This complaint is filed after five days of the

incident. In the complaint, the complainant says that he cannot

tell who are all present at the time of forcibly administering the

5

poison to him. Having taken note of the gravity of the offences

and accusations made in the complaint and also the case and

counter case are registered between the parties, it is a fit case to

exercise the discretion in favour of the petitioners under Section

438 of Cr.P.C., subject to the condition that they have to appear

before the Investigating Officer to assist him for investigation.

7.

In view of the discussions made above, I pass the

following:

ORDER

The petition is allowed. Consequently, the petitioners shall

be released on bail in the event of their arrest in respect of

Crime No.126/2022 registered by Gundlupete Police Station,

Chamarajanagara District, for the offences punishable under

Sections 341, 307 read with 34 of IPC, subject to the following

conditions:-

(i)

The petitioners shall surrender themselves

before the Investigating Officer within ten days

from the date of receipt of a certified copy of

this order and shall execute a personal bond

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

only) each with two sureties each for the like-

6

sum to the satisfaction of the concerned

Investigating Officer.

(ii)

The petitioners shall not indulge in hampering

the investigation or tampering the prosecution

witnesses.

(iii)

The petitioners shall co-operate with the

In