ORDER : 1. Accused Nos. 1 and 2 in Crime No. 401/2016 registered by Channarayapatna Town Police Station, Hassan District initially accused of offences punishable under Section 307 read with 34 of IPC have presented this petition under Section 439 Cr.P.C. Subsequently, Section 302 was added upon the victim succumbing to the injuries. 2. At the outset, learned counsel for the petitioners after arguing the matter for sometime sought to withdraw the petition in respect of accused No. 1 (Petitioner No. 1 Lokesh). 3. Leave granted. Petition, as against petitioner no. 1, stands dismissed as withdrawn. 4. During the course of the arguments in support of this petition on behalf of petitioner No. 2, learned counsel for the petitioner has taken this Court through the complaint and the charge sheet. Deceased victim Ramesh is the son of the 2nd petitioner. It is the case of the prosecution that the victim Ramesh was assaulted by his father, 2nd petitioner herein and brother, the 1st petitioner herein. The over-tact on behalf of the 2nd petitioner as described in the charge sheet is that he has assaulted the victim by his hand. Learned counsel for the petitioner has also placed the postmortem report dated 25.09.2016 issued by the Assistant Professor of Forensic Medicines, Victoria Bowring and Lady Curzon Hospital, Bangalore for perusal of this Court. The cause of death mentioned in the said report is ‘multiple injuries’ sustained by the victim on the head. The charge sheet also discloses that the 1st accused assaulted the victim by a chopper on his head. 5. Learned counsel arguing in support of this petition submitted that the combined reading of the complaint, charge sheet and the postmortem report leads to an inference that the over-tact of assaulting by hand by the 2nd petitioner could not have caused the death of the victim. Accordingly, he prays for allowing the petition. 6. Opposing the petition, learned High Court Government Pleader submits that the allegation against the 2nd petitioner is a serious one being punishable under Section 302 of IPC. Therefore, he prays that the petition be dismissed. 7. Charge against the 2nd petitioner described in the charge sheet is assault by hand. Admittedly, the reason for death as per the postmortem report is ‘multiple injuries’ on the head which appears analogous with the assault by a chopper by the accused No. 1 on the head of the victim. Therefore, he prays that the petition be dismissed. 7. Charge against the 2nd petitioner described in the charge sheet is assault by hand. Admittedly, the reason for death as per the postmortem report is ‘multiple injuries’ on the head which appears analogous with the assault by a chopper by the accused No. 1 on the head of the victim. In the circumstances, in my considered view, 2nd petitioner deserves to be enlarged on bail with the following conditions. (i) 2nd Petitioner shall execute a self bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Court. (ii) He shall cooperate with the Investigating Officer during the further course of investigation and shall not leave the jurisdiction of the Court till the conclusion of trial without leave of trial Court. (iii) He shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court. (iv) He shall not manipulate or hold out threats to the prosecution witnesses in any manner. (v) He shall not involve himself in any criminal activities. (vi) He shall attend the trial regularly subject to orders of trial Court. Petition allowed.