The Court of the LVI Additional City Civil & Sessions Judge, Bengaluru (CCH-57), presided over by Sri T. Govindaiah, B.Com., LL.B., delivered a judicial order on March 28, 2024, dismissing a regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2877/2024 denied regular bail protection to two petitioners—Sri Vishwanatha @ Vishwa (Accused No. 3) and Sri Mallikarjuna M. @ Malla (Accused No. 4)—in connection with Crime No. 06/2024 (subsequently numbered as C.C. No. 7505/2024) registered by the Vijayanagar Police Station, Bengaluru, pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru. The petitioners faced prosecution for serious offences punishable under Sections 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) read with Section 34 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a complaint lodged on January 8, 2024, by the mother of an injured victim concerning a violent midnight assault:

• The Incident: According to the prosecution case, on January 7, 2024, around 11:30 PM, when the victim (Girish) along with his friend Darshan reached near the Vijayanagar Hosahalli Slum Colony, an assailant group led by Sunil and the petitioners allegedly intercepted them and launched a brutal attack using choppers and wooden sticks, targeting the victim’s head and face.
• Hospitalization and Police Registration: The injured victim sustained severe, life-threatening injuries and was rushed to the hospital for emergency medical care. Following the mother’s complaint, the Vijayanagar Police registered Crime No. 06/2024 against the petitioners and other co-accused for attempt to murder and allied offences.

Details of the Petitioners

• Petitioner No. 1 / Accused No. 3: Sri Vishwanatha @ Vishwa, aged about 23 years, son of Harisha, residing at No. 31, 2nd Main, 4th Cross, Near Ganesh Bakery, Hosahalli, Vijayanagar, Bengaluru.
• Petitioner No. 2 / Accused No. 4: Sri Mallikarjuna M. @ Malla, aged about 20 years, son of Late Mallesha, residing at No. 43, 2nd Main, 4th Cross, Near Ganesh Bakery, Hosahalli, Vijayanagar, Bengaluru – 560040.
• Legal Representation: Sri Manu B.S., Advocate
• Prosecution Representation: Learned Public Prosecutor

Submissions Advanced by the Parties

On Behalf of the Petitioners

1. Innocence and False Implication: The defense maintained that the petitioners were innocent of the alleged offences, had been falsely implicated, and possessed a valid and tenable defense.
2. Victim’s Background and Condition: Counsel argued that the offences were not punishable with death or life imprisonment, that the victim was discharged from the hospital, and that the victim had a criminal background with multiple rowdy sheet cases pending against him in different police stations, making the petitioners’ continued detention unjustified.
3. Roots in Society: The petitioners asserted that they are permanent residents of Bengaluru, law-abiding citizens with deep roots in society, and ready to offer solvent sureties and abide by any conditions imposed.

On Behalf of the Respondent (State)

1. Heinous Nature of Offence: The learned Public Prosecutor strongly opposed the regular bail application by filing formal written objections, emphasizing that the offence under Section 307 IPC is extremely heinous, punishable with imprisonment up to 10 years, and involved active participation using dangerous weapons like choppers.
2. Risk of Tampering: The state contended that releasing the petitioners at this stage would pose a grave risk of witness tampering, destruction of evidence, non-cooperation with ongoing judicial proceedings, and flight from justice.

Judicial Findings and Legal Reasoning

Upon evaluating the records, case papers, and rival submissions, Judge T. Govindaiah recorded definitive findings on Point No. 1:

1. Gravity of the Offence: The court observed that the crime involved brutal physical assault using lethal weapons (choppers and wooden sticks) directed at vital parts of the body (head and face), squarely attracting the rigorous penal provisions of Section 307 IPC, which carries a punishment of up to 10 years imprisonment.
2. Lack of Medical Documentation: The judge noted that the petitioners failed to produce adequate or conclusive medical records substantiating their claim regarding the exact nature of the injuries or formal hospital discharge status.
3. Active Complicity: Highlighting that the petitioners were major participants in the alleged assault, the court held that whether they were directly involved in the execution of the crime was a matter for thorough trial adjudication. Consequently, given the gravity and violent nature of the attack, the court ruled that the petitioners were not entitled to regular bail.

Final Bail Rejection Order

Answering Point No. 1 in the negative, the Sessions Court passed the following order:

• The regular bail petition filed by the petitioners / Accused Nos. 3 and 4 (Sri Vishwanatha @ Vishwa and Sri Mallikarjuna M. @ Malla) under Section 439 of Cr.P.C. in Crime No. 06/2024 (C.C. No. 7505/2024) is hereby DISMISSED.