ORDER : This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section 302 of IPC, registered in respondent – police station Crime No.211/2016. 2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State. 3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the charge sheet copy produced by the learned counsel for the petitioner. 4. Wife of deceased is the complainant. She has stated that there was a previous enmity between her husband and the present petitioner in respect of the land in Sy.No.42 measuring 21 acres. There was also galata between the complainant’s brother and his family members with the petitioner in this regard. That on 31.12.2016 at about 4.00 p.m. the complainant came to know that her husband has been assaulted with macchu and immediately she went to the said place and found that her husband was shifted to the hospital for treatment. She went to the hospital and found bleeding injuries on the body of her husband and he expired in the hospital. On the basis of the said complaint case came to be registered for the offence under Section 302 of IPC against the petitioner. 5. As per the prosecution case, C.W.2 Gowramma and C.W.3 Gangaraju are the eyewitnesses to the incident. I have perused the statement of these two witnesses. They have stated that on 31.12.2016 at about 4.00 p.m. when they were in front of their shops one person holding macchu in his hand all of a sudden came and assaulted another person who was proceeding towards the Taluk Panchayath office, on the neck portion, hind portion of the head, on the occipital region, nearby the ears and on the back and caused severe injuries and the person who sustained the injury fell down and the other person who assaulted ran away along with macchu. Both the witnesses have not stated that it is the petitioner herein who assaulted the deceased. Apart from that, during the course of hearing the petition it is submitted that there are civil and criminal litigations between the deceased and the petitioner. Both the witnesses have not stated that it is the petitioner herein who assaulted the deceased. Apart from that, during the course of hearing the petition it is submitted that there are civil and criminal litigations between the deceased and the petitioner. When the identity of the petitioner is not spoken to by the alleged eyewitnesses and the petitioner has contended in the petition that there is a false implication, also contended that he is innocent and is ready to abide by any reasonable conditions to be imposed by the Court and also since investigation is completed and charge sheet is filed, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioner. 6. Accordingly, petition is allowed. Petitioner/accused is ordered to be released on bail for the offence punishable under Section 302 of IPC, registered in respondent – police station Crime No.211/2016, subject to the following conditions : i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court. ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. iii. Petitioner shall appear before the concerned Court regularly.