JUDGMENT Ashok S. Kinagi, J. - Heard learned counsel for petitioners and learned HCGP. 2. This petition is filed under Section 439 of Cr.P.C by petitioners/accused Nos.3 and 4, in Cr.No.100/2020 registered by the Rajarajeshwari Nagar Police Station for the offence punishable under Section 302 of IPC, praying for grant of bail 3. Brief facts of the case of the prosecution is that one Mr.Manjunath s/o.Anjinappa has lodged a complaint on 17.5.2020 at 09.50 hours at Rajarajeshwarinagar police station. The respondentpolice registered a case against unknown persons in Crime No.100/2020 for the offence punishable under Section 302 of IPC and proceeded with the investigation. The case of the prosecution is that the complainant is a car driver. On 17.5.20020 at about 8.30 a.m. when the complainant was standing on the road in front of his house, one person who was proceeding on the road informed him that one person has been killed by dropping a stone on his head by the side of Nice Road in a vacant place. The complainant along with two known persons viz. Govindaraju and Suresh went to the spot i.e. on the road leading to Subramanyapura, Gaviyappa layout to Rajarajeshwarinagar, BEML layout, wherein by the side of the bush, they found a person aged around 25 to 30 years being murdered by some miscreants by dropping a stone over his head. He has also noticed that the left hand of that person was cut. Hence, he lodged a complaint in the aforesaid police station. The police, based on the complaint, has registered a criminal case in Crime No.100/2020. During the course of investigation by the respondent-police, they proceeded to the spot and seized two size stones alleged to have been used for committing offence. Further, during the course of investigation, it was revealed that four friends of the deceased have committed the murder and the petitioners herein have been arrayed as A3 and A4. Petitioners have filed bail application before the Trial Court. The trial Court rejected their petition. Hence, this petition. 4. Learned counsel appearing for the petitioners submits that the complainant has not disclosed the name of the petitioners in the alleged crime and that the FIR also has been registered against unknown persons. The entire case is based only on the circumstantial evidence. There are no eye witnesses and further there is no motive for committing the crime. 4. Learned counsel appearing for the petitioners submits that the complainant has not disclosed the name of the petitioners in the alleged crime and that the FIR also has been registered against unknown persons. The entire case is based only on the circumstantial evidence. There are no eye witnesses and further there is no motive for committing the crime. Morever, Manjunath, the complainant, is not an eye witness. Hence, he prays to allow the petition by enlarging the petitioners on bail. 5. Per contra, the learned HCGP appearing for the State submits that the entire case is based on circumstantial evidence. Though he fairly concedes that the FIR has been registered against unknown persons, he opposes the petition on the ground that the offence alleged against the petitioners is an offence which is punishable with death or life imprisonment and further there are specific allegations against these petitioners. If the petitioners are enlarged on bail, they may tamper the prosecution witness and may try to delay the trial. 6. Perused the records. It is not disputed that the complaint has been filed against unknown person by the complainant-Manjunath. In the complaint the complainant has not made any allegation against the petitioners. Only during the course of investigation, it was revealed that the petitioners are involved in committing the offence punishable under Section 302 of IPC. There are no eye witnesses. The entire case is based on circumstantial evidence. Police have already filed charge sheet. Presence of the petitioners is not necessary before the investigating officer. Keeping the petitioners behind the bar will be unjustified. Further, the prosecution has not placed material to show that the petitioners have got any criminal antecedent. 7. Hence, for the reasons discussed above, the petition is allowed . The petitioners/accused Nos.3 and 4 in Cr.No.100/2020 registered by the Rajarajeshwari Nagar Police Station for the offence punishable under Section 302 of IPC, are enlarged on bail subject to the following conditions : a) Petitioners/accused Nos.3 and 4 are ordered to be enlarged on bail on furnishing a bond in a sum of Rs.2,00,000/- (Rupees Two Lakh only) each with two sureties each for the likesum to the satisfaction of the jurisdictional court. b) Petitioners shall appear before the court as and when required and shall cooperate with the trial Court in disposing of the case at the earliest. b) Petitioners shall appear before the court as and when required and shall cooperate with the trial Court in disposing of the case at the earliest. c) Petitioners shall not tamper or hamper the prosecution witnesses in whatsoever manner. d) Petitioners shall not get involved in similar offences. e) Petitioners shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. In case there is any violation, the respondent- State is at liberty to file an application for cancellation of bail.