- 1 - NC: 2025:KHC:614 CRL.P No. 12186 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 12186 OF 2024 BETWEEN: 1. BALACHANDRA M.B. S/O M.S. BADAPPA, AGED ABOUT 48 YEARS, R/O PNR PALYA, NEAR DON BOSCO SCHOOL, TUMKUR CITY-572 101. …PETITIONER (BY SRI. B.SIDDESWARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUMKUR TOWN P.S, TUMKUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.163/2021 (CR.NO.130/2021) REGISTERED WITH THE TUMKUR TOWN POLICE STATION, FOR THE OFFENCES PUNISHBLE UNDER SECTIONS 302, 201, 109 R/W SECTION 34 OF IPC, WHICH IS PENDING ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS COURT, TUMKUR DISTRICT AT TUMKUR. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:614 CRL.P No. 12186 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for the petitioner and also the learned counsel for the respondent. 2. This Court already considered this bail petition on 2 occasions in Crl.P.No.7817/2022 wherein prayer was sought seeking permission to withdraw the petition and accordingly the same was withdrawn and subsequently in Crl.P.No.8522/2023 this Court considered the bail petition on merits and rejected the same and now again the petitioner approached this Court contending that petitioner is in custody from 2021 and no effective progress of trial. The counsel also brought to notice of this Court in the month of November, 2024 when the CW1 was examined and trial has been commenced, the matter was adjourned and again in the month of December also for want of P.F, again the same was adjourned. - 3 - NC: 2025:KHC:614 CRL.P No. 12186 of 2024 3. The counsel appearing for respondent-State brought to notice of this Court that P.F was not called from the concerned Police and when the Court P.C was present when the case was deferred, it was in the knowledge of the respondent Police also and Police ought to have produced the same even without any order from the Court and Trial Court fails to call for the P.F from the concerned Police. Hence, taking into note of factual aspects and also the accused having been in custody from 2021 and yet to commence the trail for want of P.F. It is appropriate to direct the Trial Court to dispose of the matter within one year from today. 4. Both the prosecution and defense counsel are directed to assist the Trial Court in disposal of the matter within a time bound period of one year. Accordingly the petition is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 75