- 1 - HC-KAR NC: 2025:KHC-K:2917 CRL.P No. 200611 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200611/2025 (439(Cr.PC)/483(BNSS)) BETWEEN: GANGAPPA @ GANGANNA S/O BASAWARAJ ALALLI, AGE:23 YEARS, OCC: AGRICULTURE, R/O. VILLAGE CHOUDESHWARIHAL, TQ. SURPUR, DIST.YADGIR – 585 224. …PETITIONER (BY SRI NANDKISHORE BOOB, ADVOCATE) AND: THE STATE, THROUGH SHORAPUR POLICE STATION, NOW REPRESENTING BY ADDL. SPP, HCKB, AT KALABURAGI …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2917 CRL.P No. 200611 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C.,(OLD) / 483 OF BNSS(NEW), PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL, IN CRIME NO.153/2021 OF SHORAPUR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 448, 323, 354, 302 AND 109 R/W. SECTION 149 IPC, PENDING ON THE FILE OF DISTRICT AND SESSIONS JUDGE, YADGIR, IN SC NO.47/2022, VIEW OF THE REASONS STATED IN THE PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Heard learned counsel Sri Nandkishore Boob for the petitioner and learned High Court Government Pleader for the respondent. 2. This successive bail request is by accused No.1 seeking grant of regular bail in Crime No.153/2021 registered by the Shorapur Police Station, now pending in S.C. No.47/2022 on the file of the Court of the District and Sessions Judge, at Yadgir. - 3 - HC-KAR NC: 2025:KHC-K:2917 CRL.P No. 200611 of 2025 3. Facts in brief, which are utmost necessary for disposal of the present petition are as under: Based on the complaint lodged by Sri Hanamanth S/o. Baluvappa Sakri, the Shorapur Police Station registered a case in Crime No.153/2021 for the offences punishable under Sections 323, 354, 307, 109 read with Section 149 of IPC at the first instance, and later on the victim died and therefore, offence under Section 302 of IPC came to be invoked and charge-sheet came to be filed against the petitioner and others. 4. Earlier bail request of the petitioner was rejected with liberty for the petitioner to approach this Court after the material witnesses are examined. 5. Sri Nandkishore Boob, learned counsel for the petitioner, submitted that complainant and material witnesses have turned hostile to the case of the prosecution and despite treating them as hostile witnesses and cross-examining them in detail, no useful material is - 4 - HC-KAR NC: 2025:KHC-K:2917 CRL.P No. 200611 of 2025 elicited, which would be of any assistance to advance the case of prosecution to any extent and therefore, continuation of the petitioner in judicial custody is no longer warranted. 6. Per contra, the High Court Government Pleader opposes the grant of bail. 7. Having heard the arguments, this Court perused the material on record meticulously. On such perusal of material on record, it is noticed that CW1, CW9, CW5, CW8, CW10, CW11, CW12, CW13, CW14, CW20, CW6 and CW19 are examined as PW1 to PW12. 8. None of the witnesses have supported the case of the prosecution to any extent. 9. Learned Public Prosecutor with the permission of the Court treated them as hostile witnesses and sought permission to cross-examine them. On permission, PW1 to PW12 were cross-examined by confronting the contents - 5 - HC-KAR NC: 2025:KHC-K:2917 CRL.P No. 200611 of 2025 of measure as well as the statement said to have been given by them before the Investigating Officer under Section 161 Cr.P.C. Even after such confrontation, no useful material is registered so as to advance the case of prosecution to any extent, much less to bring home the guilt of the petitioner in respect of the alleged incident. 10. Under such circumstances, this Court is of the considered opinion that continuation of the petitioner in judicial custody is no longer warranted. 11. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. Accordingly, the following: ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail on taking his personal bond in a sum of Rs.1,00,000/- with two sureties for - 6 - HC-KAR NC: 2025:KHC-K:2917 CRL.P No. 200611 of 2025 the like sum, to the satisfaction of the Trial Court, subject to the following conditions: a) Petitioner shall attend the Court regularly; b) Petitioner shall not tamper the remaining prosecution witnesses in any manner; c) Petitioner shall not leave the jurisdiction of Yadgir District, without prior permission; and d) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 12 CT:PK