Hemant Chandangoudar, J
1. Learned High Court Government Pleader is directed to accept notice for respondent-State.
2. The petitioner/accused No.9, who is facing investigation for the offence punishable under Sections 189(2),189(4), 126(2), 352, 109(1), 118(1), 115(2)
and 351(2) read with Section 190 of BNSS 2023, is before this Court seeking to enlarge him on bail.
3. Heard the learned counsel for petitioners-accused and learned HCGP.
4. The case of the prosecution that on 03.12.2024 at about 4.00 p.m, when the respondent Nos.2 and 3 â€" injured victims, were walking near
Sanjeevini school, Chikkamagaluru city, one Manu, Saif Ali Khan and Mallikarjuna were spotted having suffered bleeding injuries on their person. On
seeing them, the respondent Nos.2 and 3 asked them about the same. At that time, the said persons told them that there was galata between them and
bar people with respect to the payment of the bill yesterday. Therefore, today when they were near Salumaradamma temple, people from the bar
came and assaulted them with Katti, rod and clubs.
5. Subsequently, the respondent Nos.2 and 3 took them to M.G Hospital, Chikkamagaluru for treatment in a vehicle. Further at about 5.15 p.m, when
the respondent Nos.2 and 3 were passing through the Ganapathi temple road, Kalyananagara, Chikkamagaluru city, at that time, Naga, Suresh,
Yashavantha, Dilip, Jim Sharu, Jim Pradeepa, Chatri Kumara, Bharath, Abhi @ Bhukampa, Kulla Raki, Baddi Raki, Baddi Raju, Theja, Darshan @
Hali, Mohan, Ramesha, Devu, Bharatha @ Bathu, Dilipa @ Chotu, Chave and others came on motorcycles carrying rods, clubs and surrounded and
abused them in filthy language. One Baddi Raki assaulted respondent No.2 on the head, due to which the respondent No.2 sustained bleeding injury on
his middle of the head. Thereafter Naga @ Thale Mullu punched on the forehead of the respondent No.2. Other persons assaulted the respondent
No.2 with clubs on his person in order to do away his life.
6. Chathri Kumara assaulted on the head of respondent No.3 with Katti. Dilip assaulted him with rod on his right side forehead. Due to the same, the
respondent Nos.2 and 3 fell down and at that time, all the said persons kicked them with legs and due to the same, the respondent Nos.2 and 3 shouted
loudly and on hearing the same, one Shreyas, Suhas, Dhanu and Kiran came to the place of incident and pacified the scuffle. All the persons
threatened the respondent Nos.2 and 3 to do away their lives in future and thereby they went in their motorcycles. Thereafter Shreya, Suhas, Dhanu
and Kiran took the respondent Nos.2 and 3 to the District Hospital, Chikkamagaluru for treatment.
7. The petitioner-accused No.9 was in judicial custody since 04.12.2024 and statement of the victims have been recorded under Section 183 of BNSS,
2023. The specific allegation of assault is against accused Nos.1 to 3 and not against the petitioner/accused No.9 herein. The only allegation against
the petitioner herein is he is one of the members of unlawful assembly.
8. In the light of the above, the petitioner established a prima facie case for enlarging him on bail. Accordingly, petition is allowed.
9. The petitioner-accused No.9 is enlarged on bail in Crime No.0209/2024 registered by the Chikkamagaluru Town Police, Chikkamagaluru on the
file of Prl. Civil Judge(Sr.Dn.) and CJM Court at Chikkamaluru, subject to the following conditions:
(i) The petitioner-accused No.9 shall furnish bond for a sum of Rs.50,000/- (Rupees one lakh only);
(ii) He shall co-operate with the Investigating Officer for the purpose of investigation;
(iii) He shall not threaten the prosecution witnesses or lure in any manner;
(iv) He shall not leave the territorial limits without prior permission of the Investigating Officer;
(v) He shall not tamper with the prosecution evidence directly or indirectly.
