ORDER : This petition is filed by the petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. for grant of regular bail in Crime No.194/2016 of Managoli Police Station, registered for the offences punishable under Sections 302 r/w Section 34 of IPC and also for the offences punishable under Section 3 (2) (V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. Brief facts of the case are that, deceased Mallappa, the brother of the complainant had illicit relationship with the wife of accused No.1 Shilpa and even in spite of advise made to the deceased, he continued the said relationship with the wife of accused No.1. It is further alleged that two moths prior to the incident, accused No.1 sent his wife Shilpa to her parents house. On 17.10.2016 at about 10:00 a.m., deceased Mallappa went on his motorcycle bearing Registration No.KA-28/W-6970 to Vijaypura along with his wife to admit her in the hospital for the purpose of delivery and on the same day at about 9:00 p.m. the complainant called the deceased over his phone to enquire about the health of the wife of the deceased. On the next day i.e., on 18.10.2016 when again the complainant called the deceased at about 10:00 a.m., the said phone was switched off. On the same day at about 8:30 p.m., one of the relatives of the complainant came and informed that the dead bodies of his brother Mallappa and Shilpa were found on the lane adjacent to NH-218 near Mulawad Cross and the dead bodies have been shifted to Al-Ameen Hospital, Vijaypur. It is the further case of the prosecution that a case was registered and an investigation was held. During the course of the investigation, the mother of the deceased Shilpa disclosed that, on the night of the alleged incident, deceased Mallappa called deceased Shilpa and in spite of the resistance made by the mother, she went along with Mallappa. In the meanwhile, Bhimappa Walikar and Amoghi Sonnad came from their land and asked the mother why she is waiting, then she disclosed that in spite of her resistance her daughter Shilpa gone along with Mallappa and asked them to accompany her to bring Shilpa back. Accordingly they went in search of Shilpa and at that time she noticed that deceased Mallappa and Shilpa were going in a Tur ground field. Accordingly they went in search of Shilpa and at that time she noticed that deceased Mallappa and Shilpa were going in a Tur ground field. At that time the accused persons also came there in search of them on two motorcycles and they chased them. Thereafter accused No.3 caught hold the deceased Shilpa and accused No.4 caught hold the deceased Mallappa and at that time accused No.1 who came with knife in his hand assaulted the deceased Mallappa and accused No.2 who has carried Axe in his hand assaulted the Mallappa and thereafter he assaulted the Shilpa also. On the basis of the statement of the mother of the deceased Shilpa, now the accused persons have been arrested and now they are in custody. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that, petitioners are innocent and they have not actively participated in the alleged crime. The only allegation is against accused Nos.1 and 2. It is contended that the petitioners have only assisted and were present at the alleged place of incident and they were not having any intention to cause the death of the deceased. It is also contended that the petitioners hale from respectable family and they got both movable and immovable properties, therefore, there is no chance of they being absconded. It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. 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 there are eyewitnesses to the alleged incident. Accused No.4 has caught hold the deceased and accused No.5 was holding the torch, thereby they have actively participated in the alleged crime. He has also contended that the petitioners have involved in a heinous offence and have caused two deaths, which is punishable with death or imprisonment for life. He further contended that at this juncture, if the petitioners are released on bail, they may abscond, they may not be available for trial and even they may tamper with the prosecution witnesses. On these grounds, he prays for dismissal of the petition. 6. He further contended that at this juncture, if the petitioners are released on bail, they may abscond, they may not be available for trial and even they may tamper with the prosecution witnesses. 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. 7. The records disclose that when the deceased Shilpa and Mallappa were in the field of Tur ground area, at that time accused persons went there and accused No.3 caught hold the deceased Shilpa and accused No.4 caught hold the deceased Mallappa. At that time, accused No.1 has assaulted deceased Shilpa and accused No.2 has assaulted deceased Mallappa and caused the death. So far as accused No.4 is concerned, except that he was tightly holding the deceased Mallappa, no overt-acts have been attributed against him and even the other materials also disclose that accused No.5 has not played any active role except holding the torch. In that light, when there is no active participation of these two persons in the alleged crime and when the investigation is said to have been completed and all the allegations have been made directly against accused Nos.1 and 2, then under such circumstances, I feel that by imposing some stringent conditions if the petitioners are released on bail, it would meet the ends of justice. 8. For the above reasons, the petition is allowed and petitioners/accused Nos.4 and 5 are ordered to be released on bail, subject to the following conditions: i. The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly; iii. The petitioners shall make themselves available to the Investigating Officer as and when required; iv. The petitioners shall appear before the concerned Court regularly for facing the trial.