- 1 - NC: 2025:KHC-K:1003 CRL.P No. 201327 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.201327 OF 2024 BETWEEN: 1. MALLIKARJUN, S/O SAYABANNA KHAIRAT, AGED ABOUT 40 YEARS, OCCUPATION: COOLIE R/O TAMBA, TALUK: INDI, DISTRICT: VIJAYAPURA-586 104. …PETITIONER (BY SRI. MOINAKHTAR NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE PSI, VIJAYAPURA RURAL P.S., REPRESENTED BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. MALLIKARJUN, S/O SHARANAPPA GOTYAL, AGED ABOUT 44 YEARS, R/O. TAMBA VILLAGE, TALUK: INDI, DISTRICT: VIJAYAPURA-586 104. …RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1; R2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO ENLARGE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1003 CRL.P No. 201327 of 2024 THE PETITIONER/ACCUSED-1 ON BAIL IN VIJAYAPUR RURAL P.S., CRIME NO.51/2021 REGISTERED AGAINST THE PETITIONER/ACCUSED -1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 120(B), 365, 302, 201 R/W 149 OF INDIAN PENAL CODE AND WHICH IS PENDING BEFORE IV ADDL. DISTRICT AND SESSIONS AND JUDGE VIJAYAPUR BY IMPOSING ANY CONDITIONS THAT THIS HONOURABLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 2. This is a successive bail petition and earlier this Court rejected the bail petition of this petitioner in Crl.P.No.201275/2021 vide order dated 11.11.2021 and this petitioner again approached this Court by filing Crl.P.No.200487/2023 and this Court considered the same for a limited period vide order dated 20.09.2023, wherein prayer was sought to permit him to see his mother and hence for the limited purpose for a period of one week, he was enlarged on bail to see his mother subject to certain conditions. - 3 - NC: 2025:KHC-K:1003 CRL.P No. 201327 of 2024 3. The learned counsel for the petitioner contend that from last one year there is no progress in the matter and only five witnesses have been examined. The petitioner is in jail from 2021 and hence he may be released and there are 48 witnesses in terms of the charge sheet. 4. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that C.W.1 was examined and cross-examination of C.W.1 was deferred at the request of the defence counsel that he would cross-examine C.W.1 only after examination of C.Ws.9, 10 and 11 and the Court has issued summons to C.Ws.9, 10 and 11 and they could not be secured before the Trial Court and proclamation is also issued against them and other witnesses have not been examined. 5. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State, the Trial Court is directed to issue summons to other witnesses and examine other witnesses. If C.Ws.9, 10 and 11 are not secured before the Trial Court, there is no need to wait for securing of those witnesses and conclude the evidence of other witnesses and in the meanwhile make - 4 - NC: 2025:KHC-K:1003 CRL.P No. 201327 of 2024 efforts to secure C.Ws.9, 10 and 11 since the petitioner is in custody from 2021. The Trial Court is directed to give priority to record the evidence of the prosecution witnesses at the earliest point of time. 6. With these directions, the criminal petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD Sl No.: 1