Heard Sri. Rajashekar for Sri. S.C.Manjunath, learned

counsel for the petitioner and Sri. Rahul Rai K, learned HCGP

for the respondent-State and perused the records.

2.

Present petition is filed under Section 439 of

Cr.P.C. with the following prayer:

<Wherefore, the petitioner prays that this

Hon9ble Court be pleased to order to release

the petitioner on bail, in Cr.No.170/2021 of

Aimangala Police Station and C.C.No.15/2022

of learned Addl. Civil Judge (Jr.Dn.) and JMFC

Court at Hiriyur and now committed to Prl.

District and Session Judge at Chitradurga

(Session Case number not at assigned) for the

offences punishable under Sections 323, 326,

307, 354, 504, 506 read with Section 34 of IPC

in the interest of justice.=

3

3.

The brief facts of the case are as under:

A complaint came to be lodged by Smt.Latha wife of

Chennakeshava on 11.11.2021 which was registered by the

Aimangala

police

station,

Chitradurga

District

in

Cr.No.170/2021 for the offences punishable under Sections

143, 147, 148, 323, 324, 307, 354, 504, 506 read with

Section 34 of IPC. Thereafter, the matter was thoroughly

investigated, interalia the present petitioner was arrested.

The complaint averments reveal that on account of previous

enmity, the petitioner picked up quarrel with the complainant

and abused the husband of the complainant-Chennakeshava

in a filthy language and assaulted him with a wooden repiece

and thereby, Chennakeshava sustained injuries. After

thorough investigation, the respondent police filed charge

sheet against the accused-petitioner and he is in custody

since 11.11.2021. The attempt made by the petitioner

seeking grant of bail was turned down by the learned Prl.

District

and

Sessions

Judge,

Chitradurga

in

4

Crl.Mis.No.90/2022

dated

09.02.2022.

Thereafter,

the

present petitioner is before this Court seeking grant of bail.

4.

Learned counsel for the petitioner reiterating the

grounds urged in the bail petition contended that the charge

sheet is now filed and wound certificate shows that

Chennakeshava is sustained grievous injuries but no X-ray or

radiological reports have been filed along with the charge

sheet and only simple injuries are sustained by the

complainant. Therefore, sought for grant of bail.

5.

Per contra, learned HCGP vehemently opposes

the bail petition stating that the part chosen to assault is

vital part and weapon is the wooden repiece and therefore,

the intention is to be ascertained from weapon used and

prima-facie offence under section 307 of IPC is attracted and

therefore, sought for dismissal of the petition.

6.

This

Court

perused

the

materials

on

record

meticulously in the light of the rival contentions of the

parties.

5

7. Admittedly, the accused-petitioner has been arrested

on 11.11.2021 and the wound certificate shows that the

husband of the complainant sustained grievous injuries.

However, the original CT-Scan report, radiological report and

X-ray are not filed by the investigation agency along with the

charge sheet.

8.

Taking note of the fact that, the accused-

petitioner

is

in

custody

since

11.11.2021

and

the

investigation is completed and charge sheet has been filed,

this Court is of the considered opinion that, the continuation

of the accused in judicial custody is no longer warranted.

Further, this Court is not required to hold a mini trial to

conclude that, if at all an offence under Section 307 of IPC is

attracted or not at this stage. Suffice to say that the material

available on record would not disentitle the petitioner from

obtaining an order for grant of bail by resorting to the

special powers vested in this Court under Section 439 of

Cr.P.C. Apprehensions made out by the prosecution would

6

be met with suitable and stringent conditions. Accordingly,

this Court pass the following:

ORDER

The petition is allowed subject to the following

conditions:

1. The petitioner shall execute his personal

bond for a sum of Rs.1,00,000/- (Rupees

One Lakh only) with two sureties for the

like-sum