IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 4^th DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.101590/2020

BETWEEN:

Michael Samuel Koppulla

Age 24 years, occ: painting work,

Residing at near samudaya bhavan,

Chetana Colony, Kusugal Road,

Hubballi, Tq. Hubballi, Dist. Dharwad.

.. Petitioner

(By Sri Vidyashankar G. Dalwai , Advocate)

AND:

The State of Karnataka by

Its PSI Keshwapur Police Station,

Hubballi, represented by

State Public Prosecutor,

High Court Building, Dharwad.

.. Respondent

(By Smt. Seema Shiva Naik, HCGP)

***

This criminal petition is filed under Section 439 of Cr.P.C.

praying to enlarge the petitioner herein/accused No.3 on regular

bail in SC No.144/2019 pending on the file of Court of V Additional

District and Sessions Judge, Dharwad, sitting at Hubballi (Crime

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No.4/2019 of Keshwapur P.S. Hubballi) for offences punishable

under sections 326, 307, 302 read with Section 34 of IPC with such

conditions which this Hon’ble court deems fit to be imposed in the

circumstances of the case in the interest of justice.

This

Petition

coming

on

for

orders

through

Physical

Hearing/Video Conferencing Hearing this day, the Court made the

following:

O R D E R

This petition is filed by the petitioner/accused No.3 under

Section 439 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as the ‘Cr.P.C.’ for brevity) for granting regular bail for

the offence alleged against him under Sections 326, 307 and 302

read with Section 34 of the Indian Penal Code (hereinafter referred

to as the ‘IPC’ for brevity).

2.

The case of the prosecution is that the Keshwapur

Police, Hubballi filed charge sheet against the petitioner and other

two accused for the offence punishable under Sections 326, 307

and 302 read with Section 34 of IPC on the compliant filed by one

Sagar son of Suresh Ambiger on 14.01.2019 alleging that on

13.01.2019, himself and the deceased_Uttam, who is the friend of

the complainant, went to shopping on the eve of Shankranti festival

3

and that they went to a bar and had drink and they attended a

dance programme at Railway Ground, Hubballi and after the dance

programme, while coming out, the complainant proceeded ahead

and asked the deceased to bring the two wheeler. By that time,

the deceased came with bike and said somebody attacked him

and assaulted on his neck with a weapon. Then, immediately, he

took the injured on his motorcycle to the hospital. On the way, the

deceased fell down due to unconscious and then he shifted the

deceased injured to the hospital by an auto rikshaw where he got

admitted the injured to Vivekananda General Hospital, Hubbali and

lodged a complaint with the respondent-police. After lodging the

compliant, a case was registered by the police in Crime No.4/2019

by the respondent-police for the offence punishable under Sections

324 and 326 read with Section 34 of IPC against unknown persons

and subsequently due to death of the injured, Section 302 of IPC

was added. During investigation, they arrested the petitioner and

accused Nos.1 and 2 and on interrogation, they recovered three

knives from the possession which is alleged to have been used at

the time of commission of the offence and sent them to judicial

remand on 15.01.2019 and since then they are in judicial custody.

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The accused moved the bail application before the learned V

Additional District and Sessions Judge, Dharwad which came to be

dismissed. Hence, he is before this Court.

3.

Learned counsel for the petitioner contended that the

Petitioner is innocent of the alleged offence. He has been falsely

implicated. Admittedly, there are no eyewitnesses to the incident.

Initially, the case was registered for the offence punishable under

Sections 324 and 326 of IPC and after the death of the injured,

Secti