ORDER : Budihal R.B., J. This is the petition filed by the petitioners/accused Nos.1 and 2 respectively under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 341, 506(1), 307, 176, 336 read with Section 34 of IPC and Section 3(1) (x), 3 (2) (v) (x) 2(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 116 of Karnataka Education Act, 1983 registered in Crime No. 46/2016 of the respondent police station. 2. The brief facts of the prosecution as per complaint of one Aswathi K.P. who made a statement before the police that she belongs to scheduled caste 'Kanakka' community and living with her uncle's family along with her mother, sister and grandmother. She studying for B.Sc. Nursing in Gulbarga Alquamar Institute of Nursing College in Karnataka. She staying thereat Dargha hostel, 20 km away from the college. Her roommate is Miss. Sai Nikhitha a Malayalee. On 09.05.2016 at about 6:00 p.m. one Lakshmi of Kollam, Athira of Idukki, Krishna chechi, Joe and Shilpa her seniors and 3rd year nursing students who are staying opposite to her room called Sai and her to their room and scolded her by asking who is going to her home in the coming day and threatened by saying that no one would leave from there. They asked them to sing a song. She sang, but Sai did not and cried. They made them to play frog jump and also demanded to roll about in the room through the waste. They also told them to sit on the floor stretching hands upwards and wanted to inform them in writing that whom does they like and not like. She wrote Lakshmi chechi's name as 'not liking'. On seeing this, Lakshmi caught hold of her neck and screamed as 'you don't know me, do you know who I am'. When Sai cried loudly they allowed them to go to their room, threatening not to tell these things to anyone. Subsequently, at about 8:00 p.m. Lakshmi chechi and Athira i.e. the present petitioners forcefully entered into their room and asked them not to close the door without their permission. Lakshmi chechi brought toilet cleaning lotion from the toilet, Athira chechi held her forcibly and Lakshmi poured the lotion into her mouth forcefully and told 'you go and die drinking this lotion'. Lakshmi chechi brought toilet cleaning lotion from the toilet, Athira chechi held her forcibly and Lakshmi poured the lotion into her mouth forcefully and told 'you go and die drinking this lotion'. Even though she tried to escape from their hold they again made her drink the lotion forcefully. On seeing this Sai cried loudly and then they pushed her onto the floor, realizing that other students are coming to the spot and left the place. She rolled about on the floor due to the effect of poison. The senior students reached at the spot made her to vomit, inserting their hands into her mouth. Krishna chechi, Joe chechi and some Gujarathi sisters took her to Bhamini hospital in the nearby place in an ambulance. From there she was taken to Basaweshwar hospital for further treatment. She was under treatment in the ICU for four days and after two days in the ward. Then she was discharged and reached at the hostel. Neither hostel authority nor college informed her relatives about the incident. It is Sai who informed the matter to her uncle over phone. She was sent to her house from hostel. Since she has not recovered she was admitted in the Medical College Hospital on 02.06.2016 and has been undergoing treatment. Lakshmi and Athira are belonging to upper class community and they knew that she belongs to backward community. As she was not able to speak it is Krishna chechi and other seniors who had described the incident in the hospital. They made false propaganda in the hospital and college that she had taken the poison herself. It is Lakshmi chechi and Athira who caught hold of her and made her to drink poison forcefully. All these things happened in their room was witnessed by Sai. The reason for the incident is the enmity of Lakshmi chechi in her unpleasant remarks in writing against her. She has complaint in the matter they were subjected for ragging and threatening in earlier occasions. But they had not complained, but she can identify the persons who did all these things. This submission was recorded by the Sub-Inspector of Police, Medical College Police Station, Kozhikode city on 21.06.2016. 3. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 1 and 2 and also the arguments of learned Government Pleader for the respondent-State. 4. This submission was recorded by the Sub-Inspector of Police, Medical College Police Station, Kozhikode city on 21.06.2016. 3. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 1 and 2 and also the arguments of learned Government Pleader for the respondent-State. 4. The learned counsel for the petitioners made the submission that with regard to the case of the complainant that there is no consistency in the allegations made as against the present petitioners. In the hospital records it goes to show that she herself consumed the toilet cleaner. But subsequent allegation made in the complaint that it is the present petitioners forcefully put the toilet cleaner into her mouth. Hence, this aspect to be ascertained during the course of the trial. The learned counsel also made the submission that the petitioners are the students and they have to appear for the practical examinations, since from the date of arrest they are in custody. It is also his submission that the materials placed on record will not make out a case to attract the offence under section 307 of IPC. The learned counsel submitted that by imposing reasonable conditions, petitioners may be admitted to bail. 5. Per contra, the learned Government Pleader made the submission that looking to the prosecution material and more particularly the statement of the victim had clearly goes to show that she has been put into harassment by way of ragging by the senior students i.e. petitioner Nos. 1 and 2 more particularly. He also submitted that the matter is still under investigation. As per the statement made by the learned Government Pleader that the victim is still getting the treatment in ICU but at this stage the learned counsel appearing for the petitioners made the submission that she has been already discharged from the hospital. Hence, he submitted that the matter is still under investigation and petitioners are not entitled for bail. 6. I have perused the averments made in the complaint i.e. statement of the victim and the grounds urged in the bail petition for the petitioners/accused Nos. 1 and 2 and I have also perused the FIR and the order passed by the learned Sessions Judge, Kalaburagi rejecting the bail applications of these two petitioners. 6. I have perused the averments made in the complaint i.e. statement of the victim and the grounds urged in the bail petition for the petitioners/accused Nos. 1 and 2 and I have also perused the FIR and the order passed by the learned Sessions Judge, Kalaburagi rejecting the bail applications of these two petitioners. Looking to the statement of the victim recorded by the Sub Inspector of Police, Medical College Police Station, Kozhikode city, the allegations in the statement goes to show that the victim was subjected to harassment and ill-treatment by the petitioners by way of ragging. It is also alleged in the statement that though the petitioners forcefully put the toilet cleaner lotion into her mouth but they made false propaganda in the hospital as well as in the college. Looking to the narration of the incident as per the statement of the victim it is inhuman and very serious in nature. As submitted by the learned Government Pleader the matter is still under investigation. The incident is said to have been witnessed by one Sai the friend of the victim. The learned Government Pleader made the submission that statement of the said Sai is yet to be recorded by the Investigating Officer. 7. Considering all these aspect of the matter and as the investigation is still going on and looking to the seriousness and gravity of the alleged offence, I am of the opinion that, it is not a fit case to exercise discretion in favour of the petitioners at this stage. Accordingly, the petition is hereby rejected.