(Prayer: This Crl.P is filed under Section 439 Cr.PC (filed under Section 483 BNSS) praying to enlarge them on Regular Bail in Crime No.230/2025 (S.C.No.90/2025) for the alleged offences punishable under Sections 109(1) and 3(5) of BNS, 2023 registered by Gowribidanur Rural Police Station, Chikkaballapura District, now the case is pending on the file of I Additional District and Sessions Judge, Chikkaballapura.)

Oral Order

1. This petition is filed by accused Nos.1 and 2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.230/2025 of Gowribidanur Rural Police Station, registered for offences punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in S.C.No.90/2025 on the file of I Additional District and Sessions Judge, Chikkaballapura.

2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State.

3. Learned counsel for petitioners would contend that, the petitioner No.1/accused No.1 had illicit relation with the wife of C.W.2 and the elders have advised him. The injured C.W.2 who has sustained one injury has been discharged from the hospital and he is out of danger. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, C.W.2 is injured and he has sustained the injury to his head. The said injury is a grievous injury. Due to said injury, skull is opened and it is extended upto brain matter. C.W.3 to C.W.7 are the eyewitnesses to the incident. Machete has been recovered as the instance of accused persons and in the FSL report, it is reported that it is blood stained. The charge sheet materials show that, there is a prima-facie against the petitioners for offences alleged against them. One of the offences alleged against the petitioners is punishable with imprisonment for life. If the petitioners are granted bail, there is a threat to prosecution witnesses. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record.

6. As per the charge sheet, petitioner No.1/accused No.1 was talking with C.W.16 and was sending messages. On coming to know the same, C.W.2 and C.W.4 have held panchayath wherein, C.W.17 to C.W.19 have advised accused No.1. On 26.07.2025 at 04.20 p.m., accused No.1 was repeatedly making phone call to C.W.16 and on suspicion, C.W.4 had received the phone wherein accused No.1 has stated that, it is by mistake and asked her to bring persons who held panchayath two years ago. Thereafter, C.W.2 and C.W.4 went along with C.W.17 to C.W.19 and again advised accused No.1. When enraged by that, accused No.1 with an intend to commit the murder of C.W.2 went along with C.W.2 on the bike and at about 09.00 p.m., accused No.1 assaulted C.W.2 with machete on his forehead and made him to lie on the ground and again assaulted him with machete near ear and at that time, accused No.2 also with the same machete assaulted C.W.2 and caused injury to the head.

7. The wound certificate of C.W.2 indicates that, he has sustained the injury i.e., skull open extending from frontal area to right ear to left ear horizontal extending up to brain matter. The said injury is found to be grievous in nature. Considering the said aspect, the petitioners/accused Nos.1 and 2 assaulted with a machete on the head which is vital part of the body of C.W.2. C.W.3 to C.W.7 are eyewitnesses to the incident. If the petitioners are granted bail, there is a threat to prosecution witnesses.

8. Considering all the above aspects, the petitioners/accused Nos.1 and 2 have not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed.