ORDER : B.A. Patil, J. This petition is filed by the petitioner-accused 3 and 4 under Section 439 of Code of Criminal Procedure, 1973, seeking regular bail in Crime No. 142 of 2016 of Gabbur Police Station, Raichur, registered for the offences punishable under Sections 143, 147,148, 323, 324, 307, 504 and 506 read with Section 149 of Indian Penal Code, 1860 and Section 3(l)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Brief facts leading to filing of the complaint are that, complainant was cultivating the land on lease, there was a canal water dispute between the accused and the complainant. The complainant has dug a pond in his land and was lifting the canal water from the ditch for which accused 3 objected. It is further alleged in the complaint that on 29-10-2016 at about 10.00 a.m. complainant was in an hotel by name Eelger Rangamma at Sunkeshwaral and was taking tea at that time accused persons came there on two motorcycles, accused 3 abused him with filthy language by taking his caste, Accused 1 took an axe lying in the hotel and assaulted on the right shoulder of the complainant and thereafter he also assaulted on the left leg below the knee. Accused 2 assaulted with butend of axe on back of the complainant, accused persons again abused the complainant by taking his caste and other accused persons kicked the complainant with legs and also threatened with dire consequences. On the basis of the complaint, a case has been registered and now the accused persons are in custody. 3. I have heard the learned Counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 4. The main grounds urged by the learned Counsel for the petitioners are that petitioners have not committed any offence because of political motivation and the dispute of water, a false complaint has been registered against the accused-petitioners. So far as these accused persons are concerned there is no overt act attributed in the complaint, even the injured complainant has been discharged from the hospital and he is out of danger. It is further submitted that the offences levelled against them are not punishable with death or imprisonment for life. On these grounds, he prays for allowing the petition. 5.
It is further submitted that the offences levelled against them are not punishable with death or imprisonment for life. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the offences levelled against the petitioners are punishable with death or imprisonment for life. There are eye-witnesses to the alleged incident and they have stated overt acts of each of the accused persons. It is also contended that if the petitioners are released on bail, they may tamper with the prosecution witnesses and they may hamper the investigation. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that the alleged incident has taken place on 29-10-2016 at 10.00 a.m. so far as accused 3 and 4 are concerned there is no serious allegation against the said accused persons. So far as accused 3 is concerned he has only used abusive words by taking the name of caste and accused 4 is concerned he has kicked with legs. Even though the offence levelled against accused persons under Section 307 but already the injured complainant has been discharged from the hospital and he is out of danger and the said offence is not punishable with death or imprisonment for life. So far as other offences are concerned, they are also not of serious in nature. Keeping in view the above said facts and circumstances of the case, that too when the petitioners are said to be permanent resident of Haddinal Village and have got movable and immovable property and they are ready to offer sureties, then, I feel by imposing some stringent conditions if petitioners are enlarged on bail it is going to meet the objections raised by learned High Court Government Pleader. 7. For the aforementioned reasons, the petition is allowed and petitioner-accused 3 and 4 are ordered to be released on bail, subject to the following conditions: (i) The petitioners shall execute a personal bonds for a sum of Rs. 2,00,000/- (Rupees two lakhs only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court. (ii) They shall not indulge in hampering the investigation or tampering the prosecution witnesses.
2,00,000/- (Rupees two lakhs only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court. (ii) They shall not indulge in hampering the investigation or tampering the prosecution witnesses. (iii) They shall make themselves available to the Investigating Officer as and when required. (iv) They shall mark their attendance before the Investigating Officer once in 15 days.