This petition is filed by the sole accused

under Section 439 of The Code of Criminal

Procedure, 1973 (hereinafter referred to as the

‘Cr.P.C.’, for brevity) seeking bail in Crime

No.195/2021

of

Raibag

Police

Station,

registered for the offence punishable under

Section

307

of

The

Indian

Penal

Code

(hereinafter

referred

to

as

the

‘IPC’,

for

brevity) pending in S.C.No.5082/2021 on the

file of the learned VII Additional District &

Sessions Judge, Chikkodi.

2.

The case of the prosecution is that,

on 10.08.2021 at about 2:00 a.m. when the

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complainant along with his wife and children

was sleeping in a cattle tin shed on the cot, the

accused being angry with him in regard to

tractor dispute and in not performing his

marriage, connected the wire to the iron rod

and connected the same to the live electrical

motor wire and threw the said iron road on the

complainant and his family members with an

intention to murder and he made an attempt to

kill them. Charge sheet has been filed against

the

petitioner/accused

for

the

offence

punishable under Section 307 of IPC. The

petitioner came to be arrested on 11.08.2021

and he is in judicial custody. The petitioner

filed Criminal Misc. No.5036/2022 seeking bail

and the same came to be rejected by the

learned VII Additional District and Sessions

Judge, Belagavi, sitting at Chikkodi by order

dated 24.01.2022. Therefore, the petitioner is

before this Court seeking bail.

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3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

4.

It would be the contention of the

learned counsel for the petitioner that, there

are

no

materials

to

connect

this

petitioner/accused for the alleged crime. There

are no eyewitnesses to the incident and the

case

of

the

prosecution

is

based

on

the

circumstantial evidences. The complainant and

his family members have not sustained any

injuries. There is a property dispute between

the

petitioner

and

the

complainant

and

therefore a false complaint has been filed

against the petitioner. As the charge sheet is

filed, the petitioner is not required for any

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custodial interrogation. With this, he prayed to

allow the petition.

5.

Per

contra,

learned

High

Court

Government Pleader would contend that the

petitioner

who

is

angry

against

his

brother/complainant on the ground that he has

not performed his marriage and he did not give

his tractor and also share in the property, he

with an intention to kill his brother and his

family members, threw an iron rod connected

to the live electricity through wire and made an

attempt to kill them. The voluntary statement

of this petitioner/accused has been recorded

wherein, he has clearly stated his involvement

in the commission of the offence. The charge

sheet material shows prima facie case against

the petitioner for the offence alleged against

him. If the petitioner is granted bail, he will

threaten the complainant and other prosecution

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witnesses

and

there

are

chances

of

his

repeating the similar offence. With this, he

prayed to reject the petition.

6.

Having regard to the submission made

by the learned counsel for the petitioner and

the learned High Court Government Pleader,

this Court has perused the FIR, complaint,

charge sheet records and order passed by the

Sessions Court.

7.

The

accusation

against

this

petitioner/accused is that on 10.08.2021 at

about 2:00 a.m. complainant along with his

wife and children were sleeping in a cattle tin

shed on the cot, the petitioner being angry

with him in regard to tractor dispute, not

performing his marriage and not giving share in

property and threw the said iron rod on the

complainant and the family members of the

complainant with an intention to commit their

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murder and made an attempt to kill them.

There are no eyewitnesses to the incident and

the case of the prosecution is based on the

circumstantial

evidences.

The

petitioner/accused is in judicial custody since

last one year and ther