ORDER : Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent Police. 2. The petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Cr.No.329/2016 of University Police Station registered for the offences punishable under Sections 302 and 201 of IPC. 3. The case came to be registered on 18.09.2016 at 0930 a.m., on the complaint filed by Mithun S/o Parasuram Chavhan. It is stated in the complaint that, there are four children to the father of the complainant and the complainant being the eldest and others are below 30 years. Rahul aged 26 years, he is a MBA graduate. On 17.09.2016 at 0700 p.m. he had gone out of the house at Prashant Nagar, Kalaburagi as usual but did not return though it was 1030 p.m. to the house situated at Prashant Nagar, Kalaburagi and the complainant, his family members thought that he might have gone somewhere and would come back. On 18.09.2016 i.e., on the next day to the complaint at 730 a.m. complainant makes telephone to the mobile number of his brother Rahul and the persons who answered from the other telephone stated that the police peoples from University and asked the complainant immediately come to the backside of the Siddhi Priya hotel at Sedam road. The complainant and his brothers along with their father went there and misfortune enough to see Rahul was dead and there was a huge mark of cut injuries on the neck and stab injuries causing huge bleeding. 4. On filing the complaint a criminal case was registered for the offences punishable under Sections 302 and 201 of IPC. 5. On completing the investigation, the case was charge sheeted for the offences punishable under Section 302 of IPC and Sections 3(I), (X), (2) (V) of SC/ST (PA) Act against the accused No.1 Dashavant and accused No.2 Manjunath wherein, it is stated that on the date of incident i.e., on 17.09.2016 Rahul was standing near Siddhi Priya hotel with his motorcycle bearing No.KA32/W0409. The accused persons came there, and accused No.1 asked Rahul to give back the money and Rahul said it was not possible what he can do enraged by this accused No.1 Dashavant hit Rahul on the head, to see him falling down. The accused persons came there, and accused No.1 asked Rahul to give back the money and Rahul said it was not possible what he can do enraged by this accused No.1 Dashavant hit Rahul on the head, to see him falling down. Again accused No.1 Dashavant hit on the head and accused No.2 Manjunath carried him on the motorcycle bearing No.KA32/W0409 on the pretext of taking him to hospital, but, went towards Mehata layout, situated backside of the Siddhi Priya hotel where accused No.2 caught hold Rahul and accused No.1 stabbed on his chest with knife, when Rahul fell down again accused No.1 stabbed with knife on the chest and neck, due to which Rahul died. 6. After perusal of column No.17 of the final report it spells out very poor way of presenting the incident, wherein, on different occasions injured Rahul is mentioned as deceased Rahul to lead confusion. 7. Thus, in the circumstances of the case, the money transaction is said to be a reason for attack on Rahul brother of complainant, who ha stated that he cannot give back the money and what Dashavant can do, it was at that juncture the first beating came out from the Dashavant and second hitting as well only to ensure that Rahul was dead. The learned counsel for the petitioner submits that accused No.2 is released on bail by this Court and the previous bail application filed by the accused No.1 was rejected by this Court and the copy of the same is available in the file. 8. The learned High Court Government Pleader submits that matter has been committed on 14.02.2017. 9. In the context and circumstances of the case and considering the judicial custody of the petitioner from 24.11.2016, no prejudice will be caused to the prosecution or its case if the petitioner is enlarged on bail. However, its apprehensions would be resolved by imposing conditions. Hence the; ORDER Petition filed under Section 439 of Cr.P.C. by the petitioner is hereby allowed. The petitioner is ordered to be enlarged on bail on he executing a personal bond for a sum of Rs.2,00,000/with two sureties possessing immovable property for the like sum to the satisfaction of the jurisdictional Court subject to the following: Conditions 1. The petitioner shall not terrorise and tamper the prosecution witnesses directly or indirectly. 2. The petitioner is ordered to be enlarged on bail on he executing a personal bond for a sum of Rs.2,00,000/with two sureties possessing immovable property for the like sum to the satisfaction of the jurisdictional Court subject to the following: Conditions 1. The petitioner shall not terrorise and tamper the prosecution witnesses directly or indirectly. 2. The petitioner shall not meet the complainant or his family members and shall not pose threat either directly or indirectly. 3. The petitioner shall mark his attendance before the Investigating Officer on every Sunday between 9.30 PM and 10.00 PM till the stage of hearing before charge is completed. 4. The petitioner shall not leave the jurisdiction of Kalaburagi district without the permission of the District Court till conclusion of trial of the case. The prosecution is given liberty to move for cancellation of bail in case of all or any of the conditions are violated.