This petition is filed by accused Nos.1 and 2 under

Section 438 of Cr.P.C. for granting anticipatory bail in

Crime No.63/2022 registered by the Thyamagondlu Police

Station, now pending on the file of 2nd Additional Civil

Judge Court, Nelamangala for the offences punishable

3

under Sections 326, 143, 147, 323, 326, 504, 506 read

with 149 of the Indian Penal Code.

Heard the learned counsel for the petitioners and the

learned HCGP for the respondent - State and perused the

records.

3.

Brief facts of the case of the prosecution is that one

Sri. Suresh, an injured filed a complaint to the police on

07.07.2022 alleging that on 06.07.2022 when he was

proceeding in his motorcycle the vehicle was suddenly

stopped on the middle of the road. Hence, he stopped the

vehicle and was checking the vehicle to repair. At that

time, the accused persons said to be came in Innova Car

at 2.30 p.m., and picked up quarrel, assaulted him with

legs and hands with an intention to commit murder. There

was 5 to 6 persons who picked up quarrel and assaulted

the complainant. Accused Nos.1 and 2 assaulted the

complainant with clubs and caused injuries. After

registering the complaint, the police are making hectic

4

efforts to arrest the petitioners. Hence, the petitioners

apprehending their arrest in the hands of the police, they

approached the Sessions Judge for granting anticipatory

bail, which came to be rejected. Hence, the petitioners are

before this Court.

4.

Having heard the learned counsel for the petitioners

and the learned HCGP for the respondent - State and

perusal of records, ofcourse there was a quarrel between

the

complainant

and

accused

persons.

When

the

motorcycle was parked by the complainant on the road,

accused persons came in a car and demanded the

complainant to keep the vehicle on the road and picked up

quarrel and the petitioners assaulted him with clubs.

5.

Learned

High

Court

Government

Pleader

has

produced wound certificate which reveals that there are 3

contusions out of which there was fracture on the leg

which attracts Section 326 of IPC. The complainant is out

of danger. The offence is triable by the learned Magistrate.

5

Considering the facts and circumstances, by imposing

certain stringent conditions if the petitioners are granted

bail no prejudice will be caused to the case of the

prosecution.

ORDER

Accordingly, the Criminal Petition is allowed.

The respondent - Police is directed to release the

petitioners- accused Nos.1 and 2 on bail in the event of

their arrest in Crime No.63/2022 registered by the

Thyamagondlu Police Station, now pending on the file of

2nd Additional Civil Judge Court, Nelamangala for the

offences punishable under Sections 326, 143, 147, 323,

326, 504, 506 read with 149 of the Indian Penal Code

subject to the following conditions:

(i)

Petitioners shall execute personal bonds

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

Lakhs) each with two sureties for the

6

likesum

to

the

satisfaction

of

the

Investigating Officer;

(ii)

Petitioners

shall

surrender

themselves

within 15 days from the date of receipt of

certified copy of this order;

(iii)

Petitioners shall not indulge in similar

offences strictly;

(iv)

Petitioners shall not directly or indirectly

tamper

with

any

of

the

prosecution

witnesses;

(v)

Petitioners shall be deemed to be in

custody for the purpose of recovery under

Section 27 of the Indian Evidence Act.

(vi)

Petitioners

shall

appear

before

the

Investigating

Officer

every

week

on

Monday between 10.00 a.m to 4.00 p.m.,

for a period of 3 months or till filing of the

charge sheet whichever is earlier.

7

If any of the conditions are violated, the prosecution

is at liberty to file an application for cancellation of bail.

Sd/-

JUDGE

SKS