The court granted regular bail to the petitioner in an assault case arising from a property dispute, observing that there was no apparent intention to commit murder and that suitable conditions could mitigate prosecution concerns.

THIS CRIMINAL PETITION IS FILED U/S 439 OF CODE OF CRIMINAL PROCEDURE (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT REGULAR BAIL IN CRIME NO 62/2026 REGISTERED BY THE RESPONDENT SALIGRAMA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 109(1), 351(2), 351(3) OF BNS ACT, WHICH IS PENDING ON THE FILE LD. ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT AT K.R.NAGARA, MYSURU. THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioner/accused is before this Court seeking regular bail in Crime No.62/2026 filed by the respondent-police, for the offences under Sections 352 , 109(1), 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

Brief facts of the case:

2. The case of the prosecution is that the mother-in-law of the complainant, by name Manjula, and the petitioner are the own brother and sister. The land bearing Sy.No.3/1 of Guluvina Attiguppe village belongs to their father. Petitioner was demanding his sister to give consent to change the khata into his name. The mother-in-law of the complainant had initially agreed, however, she had refused to sign the paper in the later stage. Thus being the fact, on 17.02.2026, at about 07.30 p.m., the petitioner went near the house of the complainant and started abusing in a filthy language. The husband of the complainant, namely Jaya Kumar, tried to pacify the petitioner. However, the petitioner was having sickle in his hand and assaulted the injured with an intention to commit his murder. Consequently, the injured had sustained severe bleeding injuries and also, he threatened them with dire consequences. Hence this complaint. The respondent – police registered a case and conducting investigation.

3. Heard Mr. Syed Akbar Pasha, learned counsel for the petitioner and Ms. Asma Kouser, learned Addl. SPP for the respondent - State.

4. The submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. He had no intention to commit the murder of either the injured or anybody. However, the petitioner, who is younger brother of the mother of the injured, had asked his sister to sign the paper to get the khata done in respect of Sy.No.3/1 of Saligrama Village.

5. It is further submitted that, in order to avoid him to get the signature of the mother-in-law of the complainant, her husband tried to assault his maternal uncle/petitioner. In the meantime, the incident had occurred due to sudden provocation.

6. It is further submitted that the petitioner is the earning member of the family and he is aged about 42 years and a permanent resident of Saligrama, Mysuru District. He will abide by the conditions to be imposed by this Court, in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition.

7. Per contra, learned Additional SPP for the respondent - State vehemently submitted that the petitioner, being a maternal uncle of the injured, had assaulted him with a sickle and caused grievous injuries. The manner in which he had assaulted would indicate that he had intention to commit the murder of the injured. However, the injured has survived by the timely intervention of the complainant and her relatives and friends. If the petitioner is enlarged on bail, there may be chances of committing similar offences and also there are chances of threatening the prosecution witnesses. Hence, it is not appropriate to grant bail till completion of th