Judgment:
1. The petitioner along with few other accused persons alleged to have committed offence of assault on his father and brother at about 08:30 p.m. on 12.10.2011 in Doddagavanahalli village, Kasaba Hobli. Arakalagudu Taluk, in the background of the family disputes. On the basis of the complaint lodged by D.C.Devaraju, brother of the petitioner herein, case in Crime No.312/2011 came to be registered initially for the offences punishable under Sections 143, 147, 148, 506(B) and 324 of the Indian Penal Code and investigation was taken up. It appears that after the investigation, the Investigating Officer has filed the charge sheet for the aforesaid offences and also the offences punishable under Sections 326 and 307 read with Section 149 oi the Indian Penal Code. On tiling of the charge sheet for the aforesaid offences, the petitioner herein presented the petition seeking relief of anticipatory bail apprehending his arrest, before the learned Sessions Judge. However, the said petition came to be rejected insofar as it relates to this petitioner while the prayers of few other accused persons was granted. In the circumstances, the petitioner has presented this petition under Section 438 of the Code of Criminal Procedure, seeking relief of anticipatory bail.
2. As notice supra, initially the case was registered only for the offences punishable under Sections 143. 147, 148, 506(B) and 324 read with Section 149 of the Indian Penal Code. Even according to the allegations made in the complaint, there were family disputes and the incident said to have occurred at about 08:30 p.m. on 12.10.2011 near family house in Doddagavanahaili village. Admittedly, the petitioner has been accused of committing non-bailable offence. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.
3. Having regard to the facts and circumstances of the case and the materials available on record. I am of the considered opinion that there are no reasonable grounds to believe that the petitioner is guilty of the offences punishable under Sections 326 and 307 of the Indian Penal Code. Therefore, the petitioner is entitled for relief of anticipatory bail.
4. As noticed supra, other accused persons have already been granted bail by the learned Sessions Judge. Therefore, even on the principles of parity, the petitioner is entitled for the relief of bail.
5. Hence the petition is allowed. The respondent - Arakalagudu Police are hereby directed to release the petitioner on bail in the event of his arrest in connection with the ca.se in Crime No.312/2011 (C.C.No.09/2012 on the file of C.J. and J.M.F.C. Arakalagudu) on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the Investigating Officer and subject to further conditions that.
i) The petitioner shall not intimidate or tamper with the prosecution witnesses in any manner;
ii) The petitioner shall not indulge in any acts similar to the one alleged in the case;
iii) The petitioner shall appear on all hearing dates before the Jurisdictional Court without fail.