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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 30^TH DAY OF JUNE 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101077/2021

BETWEEN:

MOHSIN @ RODDA,

S/O: JAFFARSAB BADEGHAR,

AGE: 20 YEARS, OCC: PAINTING WORK,

R/O. NOORANI PLOT, NEKAR NAGAR,

NEAR BRAHMANANDA SCHOOL,

OLD HUBBALLI, HUBBALLI-580024.

...PETITIONER

(BY SRI. B.ANWAR BASHA, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

(THROUGH OLD HUBBALLI P.S)

REP. BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

AT DHARWAD-580001.

... RESPONDENT

(BY SRI. RAMESH B. CHIGARI, HCGP)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 439 OF CR.P.C., SEEKING TO ALLOW THE

PETITION AND ENLARGE THE PETITIONER/ACCUSED

NO.3 ON BAIL IN CRIME NO.72/2021 REGISTERED IN

OLD HUBBALLI POLICE STATION, FOR THE OFFENCES

PUNISHABLE UNDER SECTION 302 OF IPC PENDING ON

THE

FILE

OF

THE

I

ADDITIONAL

DISTRICT

AND

SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the accused No.3

under Section 439 of The Code of Criminal

Procedure, 1973 (hereinafter referred to as the

‘Cr.P.C.’, for brevity) seeking bail in Crime

No.72/2021 of Old Hubballi Police Station,

registered for the offence punishable under

Section

302

of

The

Indian

Penal

Code

(hereinafter

referred

to

as

the

‘IPC’,

for

brevity).

2.

It is the case of the prosecution that

one Jamilsab S/o. Ibrahim Attar the father of

the deceased Mustak Ali, lodged a complaint

stating that on 15.05.2021, while he was

returning from work to his home at about 9.30

p.m., he received a phone call from his

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younger son Ashpak Ali, saying that accused

No.1/Malik

took

Mustak

Ali

outside

and

attacked his brother Mustak Ali with knife and

informed him to come to KIMS, Hospital. The

complainant’s younger son Aspak Ali went to

the spot where the deceased brother Mustak Ali

was lying on the ground and there was stab

injury with knife on his back and knife was

also present in his body and he was not

conscious, he did not speak and they took him

to

the

KIMS

Hospital,

Hubballi.

The

complainant went to KIMS Hospital and the

Doctor told that his son Mustak Ali is no more.

Thereafter, he filed complaint which came to

be registered in Crime No.72/2021 for the

offence punishable under Section 302 of IPC

against

the

accused

No.1

Malik.

The

Investigating Officer during investigation has

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secured the accused Nos.2 to 4 on the basis of

voluntary statement of accused No.1. The

petitioner was arrested on 17.05.2021 and he

was remanded to the judicial custody on

17.05.2021.

The

petitioner

filed

Criminal

Miscellaneous No.465/2021 seeking bail and

the same came to be rejected by the I

Additional

District

and

Sessions

Judge,

Dharwad, sitting at Hubballi, by order dated

01.06.2021.

Therefore,

the

petitioner

has

approached this Court, seeking bail

3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

4.

It would be the contention of the

learned counsel for the petitioner that, the

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petitioner is innocent, has not committed any

offence as alleged and he has been falsely

implicated in the case. He contends that, the

name of the petitioner is not there in the

complaint and FIR. The petitioner came to be

impleaded only on the basis of the voluntary

statement of the accused No.1. He further

contends that, in the remand application there

is no overt act alleged against the petitioner

and it is only stated that, accused Nos.2 to 4

were watching the accused No.1 assaulting the

deceased. He further contends that, there is no

recovery from the petitioner. The deceased

who made a phone call to his brother has only

stated regarding the assault made b