The presumption of innocence, the general rule of granting bail, and the consideration of various factors in determining bail conditions.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by accused Nos.1 and 3 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.74/2020 of Annigeri Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 326 and 307 read with Section 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 30 of the Arms Act, 1959.

2. It is the case of the prosecution that on 26.07.2020 at about 1.30am one Nagappa, s/o Devendrappa Harti, resident of Nagarhalli village, has filed complaint before Annigeri Police alleging that he is residing along with his family members including 3 sons at Nagarhalli village and doing agriculture. On 25.07.2020 at about 11.00 am when he was proceeding towards Navalgund on his motor bike, at that time, accused No.1/petitioner No.1 abused him near tea shop of one Devappa Joli and later, at about 6.45 pm, when he was returning back to Nagarhalli village, accused Nos.1 to 6 were standing with an intention to quarrel with the complainant. Suspecting the same, the complainant went to his home from some other way. It is further alleged that the complainant along with his sons Shivanand, his brother's son Rudrappa and some of his relatives went to the house of accused No.1/petitioner No.1 at about 8.10 pm and enquired accused No.1/petitioner No.1 why he did so on that day. Accused No.1/petitioner No.1 along with other accused together came out of their house and assaulted the complainant and others with clubs. Accused No.1 with an intention to commit murder, brought his licensed pistol and fired. The complainant escaped from the said fire shot but the said fire short hit to one person by name Sharanappa Kali, who was standing and witnessing the quarrel between the complainant and the accused. Persons gathered, separated the complainant and accused persons and the injured Sharanappa Kali was shifted to KIMS Hubballi. The said complaint came to be registered in Crime No.74/2020 of Annigeri Police Station against 6 persons for the offences punishable under Sections 143, 147, 148, 323, 326 and 307 read with Section 149 of IPC and Section 30 of the Arms Act. The petitioners are arrayed as accused Nos.1 and 3. The petitioners are in judicial custody. The petitioners along with other accused filed bail application before the learned II Additional District and Sessions Judge, Dharwad in Crl. Misc.No.424/2020 seeking bail but the same came to be rejected by order dated 20.08.2020 in respect of the petitioners herein and was allowed in respect of other accused. Therefore, the petitioners are before this Court seeking bail.

3. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.

4. Learned counsel for the petitioners has submitted that on 25.07.2020, there was a quarrel between the complainant and accused Nos.1 to 6. the said incident has taken place in front of the house of the accused when the complainant and others came there to enquire with accused No.1. It is his further submission that, therefore, the complainant's party are aggressors. It is his further submission that Shivanand and Rudrappa, who have sustained injuries, have been discharged from the hospital and the injuries sustained by them are simple in nature. With these, he prayed for allowing the petition.

5. Per contra, learned High Court Government Pleader submitted that there is ill-will between the petitioners and the complainant's party regarding prosperity of the complainant. It is her further submission that accused Nos.1 and 3 assaulted son of the complainant-Shivanand and his brother's son- Rudrappa. It is her further submission that both the injured have been discharged from the hospital. It is her further submission that investigation is still in progress and if the petitioners are granted bail, they will hamper the in