Accused No.2 in Crime No.100/2023 registered by Nangli Police Station, Kolar for the offences punishable under Sections 506 , 341 , 307 read with Section 34 of Indian Penal Code, 1860 (for short hereinafter referred to as ' IPC ') is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. On the basis of the complaint lodged by one Jayalakshmamma wife of Late Gangaraju on 05.06.2023, at about 5:30 p.m., FIR was registered in Crime No.100/2023 by Nangli Police, Kolar for the aforesaid offences against one Mallikarjuna Reddy and two others. Petitioner has been arrayed as accused No.2 in the FIR.

4. In the complaint it is averred that there was dispute between the family members of the complainant and the family members of accused No.1 with regard to some property and on 03.06.2023 at about 3:00 p.m., accused persons came in a Scorpio vehicle and assaulted the son of the complainant -3- NC: 2023:KHC:29640 CRL.P No. 6192 of 2023 namely Nagaraj. It is alleged in the complaint that accused Nos.2 and 3 assaulted Nagaraj with club and iron rod and caused grievous injuries. In respect of the incident that had taken place on 03.06.2023, complaint was lodged on 05.06.2023 which had resulted in registering FIR in Crime No.100/2023.

5. Apprehending arrest, the petitioner had filed Criminal Miscellaneous No.468/2023 which was dismissed by the II Additional District and Sessions Judge at Kolar, vide order dated 22.06.2023. It is under these circumstances, the petitioner is before this Court.

6. Learned counsel for the petitioner reiterated the grounds urged in the petition and submits that undisputedly there was a civil dispute between the parties and complaint has been lodged after two days and therefore false implication in the matter cannot be ruled-out. Learned counsel also submits that the injured has been discharged from the hospital and there is no threat to his life. She accordingly, prays to allow the petition.

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7. Per contra, learned High Court Government Pleader, opposes the bail petition and submits that there is a allegation of assault on the injured by the petitioner with club and iron rod and the injured has suffered grievous injuries and therefore the petitioner is not entitled for grant of anticipatory bail.

8. Material on record would go to show that in respect of certain properties, there was dispute between the parties. On 03.06.2023, allegedly accused persons came in Scorpio vehicle and assaulted the son of the complainant. As per the complaint averments, accused Nos.2 and 3 had assaulted Nagaraj, son of the complainant with a club and iron rod and had caused grievous injuries. As a result, Nagaraj allegedly had suffered fracture injury on his hand. Accused No.1 has been granted anticipatory bail by the Sessions Court in Criminal Misc. No.468/2023 in the present case, while bail accused No.3 has been granted regular bail by the Trial Court. As rightly pointed out by the learned counsel for the petitioner, delay of two days in filing the complaint has not been explained. Since there is property dispute between the parties, false implication in the case cannot be ruled-out. The injured had suffered fracture injury on his hand. Accused No.3 is alleged to have assaulted -5- NC: 2023:KHC:29640 CRL.P No. 6192 of 2023 with iron rod and the petitioner herein is said to have assaulted Nagaraj- son of the complainant with a club. Accused No.3 has been granted bail.

9. Under these circumstances, I am of the considered view that the petitioner has made out a prima facie case for grant of anticipatory bail. Hence, the following:

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c) Petitioner shall not tamper with the prosecution witnesses and shall co-operate with the police for investigation and appear before them whenever called upon till filing of charge sheet.

d) Petitioner shall not involve himself in similar cases in future.