ORDER : Heard learned counsel for the petitioner and the learned Additional Government Advocate. Perused the entire charge sheet papers. 2. The Gadag Rural Police have registered a case against the petitioner and other accused persons for the offences punishable under Section 143, 147, 302, 307, 427, 450, 109 r/w Sec. 149 of IPC. After thorough investigation a charge sheet has been filed in C.C. No. 594/2016. After committal, a Sessions Case has been registered in S.C. No. 3/2017 on the file of District & Sessions Judge, Gadag. 3. The brief allegations are that the accused persons have suspected that CW7 Ravi is having illicit intimacy with the wife of accused No.1. In this background the accused Nos.1 to 4 armed themselves with deadly weapons entered the house of CW7 Ravi on 18.09.2016 in the early hours at 3.00 AM and the accused persons mercilessly assaulted the said Ravi CW7. In that context, it is alleged that mother of CW7 by name Kamalawwa interfered and the accused Nos.1 to 4 have also assaulted her with choppers and axes which caused severe injuries to her. She died due to the impact of the injuries sustained. RaviCW7 has sustained severe injuries on various parts of the body and he was admitted to the hospital, later he survived. 4. On perusal of the statement of Ravi CW7 recorded by the Police, it is clear that accused Nos.1 to 4 on 18.09.2016 trespassed into the house of the witness and assaulted him and his mother. There is no whisper about the presence of the accused No.5 (petitioner) at the time of assault by accused Nos.1 to 4. However, at the end of his statement it is stated that accused Nos.1 to 4 were supported by this accused No.5 and he actually shown the house of CW7, to the accused persons. Except the said allegation there is no allegation with regard to the presence of this petitioner at the spot and his active participation in the accused Nos.1 to 4 committing the offences. What is the nature of abatement or his support given by accused No.5 is not available in the statement of this injured eyewitness. The other witnesses have repeated the said allegations made by CW7 against the accused persons. 5. Under the above said facts and circumstances, I am of the opinion the petitioner’s presence and participation is doubtful at this juncture. The other witnesses have repeated the said allegations made by CW7 against the accused persons. 5. Under the above said facts and circumstances, I am of the opinion the petitioner’s presence and participation is doubtful at this juncture. The prosecution has to establish the nature of abetement done by the petitioner during the course of full-fledged trial. Hence, the petitioner has made out a case for grant of bail. Hence, the following order is passed. ORDER Petition is allowed. Petitioner shall be released on bail in connection with S.C. No. 3/2017 on the file of District & Sessions Judge, Gadag, for the offences punishable under Section 143, 147, 302, 307, 427, 450, 109 r/w 149 of IPC, subject to the following conditions. 1. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court. 2. The petitioner shall not indulge in tampering with the prosecution witnesses. 3. The petitioner shall appear before the Court on all the hearing dates unless exempted by the Court for genuine reasons. 4. The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.