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2025 DAILYLAW 16381 (KAR)

BOPANNA. N. C. v. THE STATE OF KARNATAKA

CRL.P/1875/2025 · 2025-04-07

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14721 CRL.P No. 1875 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1875 OF 2025 BETWEEN: BOPANNA. N. C., S/O LATE CHITTIAPPA, AGED ABOUT 43 YEARS, R/AT BETOLI VILLAGE AND POST, VIRAJPET TALUK - 571 218. …PETITIONER (BY SRI. SOMANNA K.P., ADVOCATE) AND: THE STATE OF KARNATAKA, BY VIRAJPET POLICE STATION, REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO DIRECT TO ENLARGE THE ACCUSED/PETITIONER ON BAIL WITH CONDITION THAT HIS HONBLE COURT MAY DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN CR.NO.81/2024 DTD 20.07.2024 REGISTERED BY THE RESPONDENT VIRAJPET TOWN P.S., FOR THE OFFENCES P/U/S 103 OF BNS, 2023, U/S 3, 25 OF INDIAN ARMS ACT, 1959, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, VIRAJPET, KODAGU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14721 CRL.P No. 1875 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned Counsel for the petitioner after arguing the matter for some time submits that petitioner is the sole bread winner of the family and he has got two daughter's who are school going. He is in custody from 20.07.2024, his continued detention has caused serious hardship to his family and his mother is ill and she is hospitalized. He submits that there is no progress before the trial Court and the trial in the case is likely to be delayed. 2. Per contra, learned HCGP submits that C.W-3 to C.W-5 are the material charge sheet witnesses in the present case who are the mother and daughters of the petitioner. If the petitioner is enlarged on bail, he is likely to tamper the material prosecution witnesses. C.W-3 to C.W-5 would be examined before the trial Court on priority. 3. Submission made on both sides is placed on record. - 3 - NC: 2025:KHC:14721 CRL.P No. 1875 of 2025 4. Petition is dismissed with liberty to the petitioner to renew his bail application after examination of C.W-3 to C.W-5 is completed before the trial Court. 5. Considering the submissions made on behalf of the petitioner, it is needless to state that trial Court as well as the prosecution shall make endeavors to examine C.W- 3 to C.W-5 on priority before the trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 53