1. Accused Nos.1 to 6 in Crime No.130/2023 registered by the Chitradurga Extension Police Station, Chitradurga, for the offences punishable Sections 504 , 143 , 147 , 148 , 149 , 323 , 324 and 307 of IPC, are before this Court under Section 438 of Cr.P.C.

2. Heard the learned counsel for the parties. -3-

NC: 2023:KHC:42577 CRL.P No. 11591 of 2023

3. The complainant Sri. Venukumar R, S/o Ramdas has lodged a complaint on 08.10.2023 before the Chitradurga Extension Police Station, Chitradurga, which had resulted in registration of FIR in Crime No.130/2023 initially for the offences punishable under Sections 504 , 143 , 147 , 148 , 149 , 323 and 324 of IPC. In the complaint, it is averred that on 08.10.2023 at about 06.30 p.m., when the complainant and his friends were walking near the park behind Mandara bar, five to six strangers came suddenly to the said spot and sprinkled chilli powder on the complainant and his friends, started abusing and assaulting them with wooden clubs. As a result of the said assault, the complainant and his friend Manu had suffered injuries. They were taken to the Hospital for the purpose of treatment and thereafter, based on complainant's statement, FIR in Crime No.130/2023 was registered against unknown persons. Subsequently, on 10.10.2023, complainant's further statement was recorded and in his further statement, the complainant had named the petitioners herein as the persons, who had assaulted him and his friends on 08.10.2023. He also had stated that they had assaulted them with an intent to murder them. Therefore, offence under Section 307 of IPC was -4- NC: 2023:KHC:42577 CRL.P No. 11591 of 2023 invoked against the accused persons and the petitioners were arraigned as accused Nos.1 to 6 in the case. Apprehending their arrest, petitioners filed Crl. Misc. No. 1410/2023 before the Court of Prl. District and Sessions Judge, Chitradurga, which was dismissed on 09.11.2023. Therefore, they are before this Court.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition.

5. Per contra, learned HCGP has opposed the bail petition and submits that complainant's friend Manu has suffered grievous injuries. Complainant has suffered only simple injury. Investigation in the case is under progress and custodial interrogation of the petitioners is required and accordingly, prays to dismiss the petition.

6. From a reading of the complaint averments, it is seen that the complainant and his friends were allegedly assaulted at about 06.30 p.m by unknown persons. The complainant has stated in his complaint that accused were total -5- NC: 2023:KHC:42577 CRL.P No. 11591 of 2023 strangers to him and his friends and they did not know for what reason they were assaulted by the said persons. In his further statement recorded on 10.10.2023, complainant has stated that the persons, who had assaulted him on 08.10.2023 are the petitioners herein, who hail from Bheemasamudra Village. However, in his further statement, the complainant has not revealed the source of such information. Having regard to the statement made by the complainant in the original complaint dated 08.10.2023 to the effect that accused persons were total strangers and he had not seen them earlier and he also did not know the reason as to why they had assaulted him, a serious doubt arises with regard to the further statement given by him on 10.10.2023. In the further statement, he has not revealed as to how he has got the information that the petitioners herein were persons who assaulted him on 08.10.2023. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered in the affirmative.

7. Accordingly, the petition is allowed. The respondent

- Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in -6- NC: 2023:KHC:42577 CRL.P No. 11591 of 2023 Crime No.130/2023 registered by the Chitradurga Extension Police Station, Chitradurga, for the offences punishable Sections 504 , 143 , 147 , 148 , 149 , 323 , 324 and 307 of IPC, subject to the following conditions:

each with two sureties for the likesum to the satisfaction of the investigating officer.

2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

4. The petitioners shall not involve in similar offences in future;