This petition under Section 438 of Cr.PC is filed to enlarge

the petitioner - accused No.1 on bail, in the event of his arrest,

in Crime No.9/2023 registered by the Balaganoor Police Station

for the offences punishable under Sections 143, 147, 148, 324,

326, 504, 506 read with Section 149 of IPC, pending on the file

of the learned Senior Civil Judge and JMFC, Sindhanur.

2.

Heard the learned counsel for the petitioner -

accused No.1 and the learned High Court Government Pleader

for the respondent - State.

3.

FIR was lodged by the injured alleging that on

21.1.2023

at

about

7.30

p.m,

when

the

informant,

Doddanarasappa and Hussainappa were talking with each

other, at that point of time, the accused No.1 along with other

accused by forming an unlawful assembly in front of their

house threw stones on their house, and when the informant

and others confronted the said act, the accused abused them in

filthy language and the accused No.1 assaulted him with stick

on his mouth and left eye causing bleeding injuries. The other

accused have assaulted the persons, who were with the

informant at the time of incident.

4.

Section 326 of IPC deals with voluntarily causing

grievous hurt by dangerous weapons or means. The

petitioner's contention is that even accepting the allegation that

the stick was used for assaulting the informant is not a

dangerous weapon, which is likely to cause death. The

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informant is said to have been discharged from hospital after

taking treatment for the injuries alleged to have been caused

due to the assault by the accused No.1. Hence, the petitioner

- accused No.1 has made out a prima facie case to enlarge him

on bail, in the event of his arrest. Accordingly, I pass the

following:

ORDER

i)

Criminal petition is allowed.

ii)

The Balaganoor Police Station, is hereby directed to

enlarge the petitioner-accused No.1 on bail, in the event of his

arrest in Crime No.9/2023 registered by the Balaganoor Police

Station for the offences punishable under Sections 143, 147,

148, 324, 326, 504, 506 read with Section 149 of IPC, pending

on the file of the learned Senior Civil Judge and JMFC,

Sindhanur, subject to the following conditions:

i)

The petitioner - accused No.1 is ordered to be

enlarged on bail by furnishing a personal bond

for a sum of Rs.1,00,000/-with one surety for the

likesum to the satisfaction of the Investigating

Officer;

ii)

He shall co-operate with the Investigating Officer

for the purpose of investigation;

iii)

He shall not threaten the prosecution witnesses

or lure in any manner;

iv)

He shall not leave the territorial limits without

prior permission of the Investigating Officer;

v)

He shall not tamper with the prosecution

evidence directly or indirectly;

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vi)

He shall mark his attendance on first Sunday of

every month between 10.00 a.m. and 5.00 p.m.

before

the

Investigating

Officer

till

the

investigation is completed.

vii)

He shall voluntary surrender before the Trial

Court concerned within fifteen days from today

and thereafter the petitioners - accused herein

shall apply for regular bail before the Trial Court

concerned.

Sd/-

JUDGE

BKM

List No.: 1 Sl No.: 25