JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking bail in Crime No.112/2019 of Kalagatagi Police Station registered for the offence punishable under Sections 143, 147, 148, 504, 506, 341, 307, 302, 324, 326, 120B, 201 R/W 149 of IPC and Section 27 of Indian Arms Act, 1959. 2. The case of the prosecution is that the complainant is the brother of deceased Veerabhadrappa Basavanneppa Sattur. The said Veerabhadrappa was a member of Gram Panchayat for last 15 years and President of PLD Bank, Dhummawada Society. It is alleged that during the Gram Panchayat election, because of political rivalry, petitioner Nos.1 to 3 had grouse against Veerabhadrappa and that cases were filed against each other in the police station. The family of Pujar also had differences with his brother Veerabhadrappa in respect of performing pooja in Basavanna temple. On 09.09.2019, at about 7.00 pm, the complainant was proceeding towards his house along with the cattle and when he passed on the road near the house of accused No.1-Basavaraj Shivappa Akki, accused No.2- Basavaraj Sangappa Akki, they took objection for using the pathway and picked up a quarrel and the complainant went to his house saying that he would not use the pathway henceforth. It is further alleged that accused Nos.1 and 2 came to his house along with others, gained entry into the house and pulled him out of the house. The accused persons who were holding weapons in their hands started assaulting the complainant and dragged him to the land belonging to accused No.1-Basavaraj Shivappa Akki. Accused No.1 with talwar (chopper) assaulted on the right hand, accused No.13-Irayya Basaiah Pujar with iron rod assaulted on the person of the complainant. The wife of the complainant telephonically informed Veerabhadrappa4 deceasead and Nagappa and both of them came to the spot along with their children Ravikumar, Basavaraj and Eranna. The accused abused them. Accused No.3- Fakkirapa Prahald Chulaki and accused No.4-Krishna Chulaki with a talwar assaulted on the head of Veerabhadrappa and he fell down and at that time accused No.5-Mallappa Chulaki and accused No.6-Channiah Pujar threw stones on the head of Veerabhadrappa and he died on the spot. The accused abused them. Accused No.3- Fakkirapa Prahald Chulaki and accused No.4-Krishna Chulaki with a talwar assaulted on the head of Veerabhadrappa and he fell down and at that time accused No.5-Mallappa Chulaki and accused No.6-Channiah Pujar threw stones on the head of Veerabhadrappa and he died on the spot. It is further alleged that accused No.2- Basavaraj Sangappa Akki and accused No.9-Sangappa Basappa Yemmetti caught hold of Ravikumar-deceased, accused No.7-Praveen Kallappa Karadi with talawar assaulted on his head and accused No.8-Siddaram Halappa Akki with iron rod assaulted on the head and caused injuries. It is further alleged that accused No.12-Maruthi Halappa Akki caught hold of Nagappa and accused No.10- Kallappa Basappa Karadi with talwar assaulted on the hand and that his fingers were cut off. Accused No.11- Mahesh Fakkirappa Karadi assaulted with club on his person. It is further alleged that accused No.14-Basiah Fakkiruiah Pujar with club and accused No.15-Yallappa Basappa Yemmetti with iron pipe assaulted on the head and other parts of body of Basavaraj Nagappa Sattur. It is further alleged that accused No.16-Shekappa Hanamanthappa Jodalli with club, accused No.17-Shankriah Malliah Yadawad with a chopper assaulted on the left shoulder and other parts of the body of Iranna Kallappa Sattur and caused injuries. One Kasturi, Smt. Sarjavva Davalsab, Hussainsab, Fakkirappa, Basalingappa and others on coming to know of the incident, came there and pacified the quarrel. The incident is said to have taken place on 09.09.2019 at 8.00 pm and the injured were removed to the hospital for treatment. The said injured Ravikumar died during treatment on 10.09.2019. The respondent-police, after completion of the investigation, have submitted charge sheet. Petitioners/accused Nos.1 and 2 have filed bail petition in Crl. Misc. No.268/2020 on the file of IV Addl. District and Sessions Judge, Dharwad and the same is rejected by order dated 01.07.2020. Therefore, the petitioner Nos.1 and 2 are before this Court seeking bail. 3. Heard the learned counsel for the petitionersaccused Nos.1 and 2 and learned HCGP for respondent- State. Perused the records. 4. It is the submission of the learned counsel for the petitioners-accused Nos.1 and 2 that petitioner-accused No.1 alleged to have assaulted CW.1 with talvar and he sustained injury to his right hand palm and the said injury is simple in nature. Perused the records. 4. It is the submission of the learned counsel for the petitioners-accused Nos.1 and 2 that petitioner-accused No.1 alleged to have assaulted CW.1 with talvar and he sustained injury to his right hand palm and the said injury is simple in nature. It is his further submission that petitioner-accused No.2 has held the deceased Ravi Kumar and no overt act of assault has been alleged against him. It is his further submission that the injuries sustained by CW.1 are simple in nature. It is his further submission that accused Nos.5 and 6,10 to 17 have been granted with bail and therefore on the ground of parity, petitioners are also entitled for bail. With this he prays to allow the petition. 5. Per contra, the learned HCGP submitted that there are injured eye witnesses to the incident and the case involves double murder. It is her further submission that overt acts of the petitioners have been specifically stated in the complaint by eye witness which shows their involvement in the commission of offence. Wife of the deceased has stated that there is a threat to her life by the accused persons and in that regard proceedings under Section 107 of Cr.P.C. has been initiated against petitioners-accused Nos.1 and 2. It is her further submission that if the petitioners-accused Nos.1 and 2 are released on bail, they will tamper the prosecution witnesses and flee from justice. With this she prays to reject the bail petition. 6. Having regard to the submission made by the learned counsel for the petitioners-accused Nos.1 and 2 and the learned HCGP, this Court has gone through the charge sheet records. 7. It is alleged that accused Nos. 1 and 2 came to the house of the complainant along with other accused and pulled him out of the house, the accused persons who were holding weapons in their hand assaulted the complainant. Accused No.1 with talvar (chapper) assaulted on the right hand of the complainant. The wound certificate of the complainant Kallappa Basavaneppa Sattur reveals that he had sustained two injuries one over right index finger i.e. cut lacerated wound of size 0.5x2 cm and scratched wound 0.5 X 0.5 cm over left thumb and the said injuries are opined to be simple in nature. The wound certificate of the complainant Kallappa Basavaneppa Sattur reveals that he had sustained two injuries one over right index finger i.e. cut lacerated wound of size 0.5x2 cm and scratched wound 0.5 X 0.5 cm over left thumb and the said injuries are opined to be simple in nature. The overt act alleged against petitioner No.2- accused No.2 is that he and accused No.9 caught hold the deceased Ravi Kumar and accused No.7 with talvar assaulted on his head and accused No.8 assaulted with rod on the head and caused injuries. Apart from the above said overt acts by accused Nos.1 and 2 no other overt acts have been alleged against them. The accused Nos.5, 6 and 10 to 7 who are similarly placed with that of accused No.1 and 2 have been granted with bail by this Court and therefore, petitioners-accused Nos.1 and 2 are also entitled for grant of bail on the ground of parity. 8. It is well settled that matters to be considered in an application for bail are: "(i) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail. While a vague allegation that the accused may tamper with the evidence or witnesses, may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused." 9. In a decision in the case of DATARAM SINGH Vs. STATE OF UTTARA PRADESH AND ANOTHER, (2018) 3 SCC 22 , the Hon'ble Apex Court held as under: "A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. In a decision in the case of DATARAM SINGH Vs. STATE OF UTTARA PRADESH AND ANOTHER, (2018) 3 SCC 22 , the Hon'ble Apex Court held as under: "A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society." 10. In the present case the investigation is completed and charge sheet is filed. No grounds have been made out by the prosecution to show that custodial interrogation of the petitioners-accused Nos.1 and 2 is necessary. The petitioners-accused Nos.1 and 2 are residing in the address shown in cause title and the same is not disputed. The main objection of the prosecution is that in the event of grant of bail, the accused Nos.1 and 2 are likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing some stringent conditions. 11. In the said facts and circumstances of the case, this Court is of the considered view that there are valid grounds for grant bail subject to conditions. Hence, I pass the following. ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioners/accused Nos.1 and 2 shall be released on bail in Crime No.112/2019 of Kalaghtagi P.S., subject to the following conditions. i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each (one lakh rupees only) with two sureties for the like sum to the satisfaction of the jurisdictional Court. In view of the Covid-19 petitioner is permitted to furnish surety within two months. i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each (one lakh rupees only) with two sureties for the like sum to the satisfaction of the jurisdictional Court. In view of the Covid-19 petitioner is permitted to furnish surety within two months. If the circumstance arises the jurisdictional Court can extend the time for furnishing sureties. ii) The petitioners shall not indulge in tampering the prosecution witnesses in any manner. iii) The petitioners shall not give any threat to the complainant and prosecution witnesses. iv) The petitioners shall mark their attendance in the jurisdictional Police Station on every Sunday between 10 a.m. to 6 p.m. till disposal of the case.