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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 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. 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.