Karnataka High Court
Michael Samuel Koppulla vs The State Of Karnataka on 4 January, 2021
Author: K.Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4th 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:
ORDER
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. 4 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, Section 302 has been added. The entire case of the prosecution is based upon the circumstantial evidence. The petitioner is in custody for almost two years and he is ready to abide by any conditions. Hence, prays to allow the bail petition.
4. Per Contra, learned High Court Government Pleader objected the bail petition and contended that the offence is heinous one. All the 3 accused shared a common intention in committing the murder of the deceased and the police during investigation seized the knife from the petitioner which was used by him for committing the murder of Uttam. The material object was collected by the Investigating Officer on the voluntary statement. There are 5 sufficient material placed on record to connect the accused with the crime and if the petitioner is granted bail, he may commit similar offence and the chances of he absconding, cannot be ruled out. Hence, he prays to reject the petition.
5. Upon hearing the arguments and on perusal of record, it is seen that, no doubt, the complainant filed a complaint against unknown persons and had also stated that some 3 persons ran away when the deceased came with bike sustaining injury on his neck and the accused persons are arrested and on the basis of the voluntary statement, knife was recovered. Admittedly, there is no eyewitness to the incident. The entire case of the prosecution rests upon the circumstantial evidence.
6. Investigation is already completed and charge sheet has been filed. Though the police filed charge sheet for the offence punishable under Sections 326, 307 and 302 of IPC but the fact remains that Uttam who was injured succumbed to the injuries which attracts only Section 302 of IPC, even if it is proved as a murder by the prosecution. But the Sections 326 and 307 will not attract, if the injured succumbs to the injuries. However, the police 6 subsequently filed the charge sheet for all the 3 offences, which is not correct.
7. Be that as it may. The fact remains that, the case was registered against unknown persons and there are no eyewitnesses to the incident. It is seen from the records that the vehicle was parked in the parking slot and while taking the vehicle from the parking lot, there was some quarrel between the accused and the deceased and at that time, the deceased was said to have abused the accused in filthy language by taking his mother. At that time, the accused is said to have assaulted the deceased with knife on the neck, which led to the death of Uttam, the deceased.
8. At this stage, it cannot come to a conclusion that it was a pre-planned murder or that they had a motive to commit the murder of the deceased, by looking to the facts and circumstances of the case. The petitioner is in custody for almost two years from 15.01.2019. Investigation is completed and charge sheet has been filed long back. Therefore, considering the facts and circumstance, I am of the opinion that the petitioner has made out case for grant of bail.
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9. Accordingly, I pass the following order:
The Criminal petition is allowed. The petitioner/accused No.3 shall be released on bail in SC No.144/2019 pending on the file of the learned V Additional District and Sessions judge, Dharwad, sitting at Hubballi (Crime No.4/2019 of Keshwapur Police Station, Hubballi), subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the trial court.
ii. The petitioner shall not tamper the prosecution witnesses directly or indirectly.
iii. The petitioner shall not indulge in similar offence.
iv. The petitioner shall not leave the jurisdiction of this court without prior permission of the trial court.
v. The petitioner shall take the trial without causing any delay.
Sd/-
JUDGE kmv