- 1 - HC-KAR NC: 2025:KHC-D:11600 CRL.P No. 103068 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103068 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NOOR AHMED S/O ABDUL BHARI, AGE. 26 YEARS, OCC. BUSINESS, R/O. HRS COLONY, GANGAVATHI, DIST. KOPPAL-583 227. … PETITIONER (BY SRI. NANDKISHORE BOOB, ADVOCATE) AND: THE STATE THROUGH GANGAWATHI POLICE STATION, NOW REPRESENTED BY THE ADDL. SPP HCKB AT DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO RELEASE THE PETITIONER ON BAIL, IN CRIME NO.206/2023 OF GANGAWATI TOWN PS, DISTRICT KOPPAL, FOR THE OFFENCE UNDER SECTION 302 OF IPC PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING AT GANGAWATI IN SC NO.03/2024, IN VIEW OF THE REASONS AS STATED ABOVE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11600 CRL.P No. 103068 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in S.C. No.3 of 2024 pending before the Court of Additional District and Sessions Judge, Koppal, sitting at Gangavathi, arising out of Crime No.206 of 2023 registered by Gangavathi Town Police Station, Koppal, for offence punishable under Section 302 of IPC, is before this Court in this second successive bail application filed under Section 483 of the BNSS, 2023 read with Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. Petitioner had earlier approached this Court in Criminal Petition No.100680 of 2024, which was rejected on merits by the Co-ordinate Bench of this Court on 13.03.2024 reserving liberty to the petitioner to file a fresh bail application before the Trial Court, after examination of CW1 and CW4 to CW13 is completed before the Trial Court. Subsequently petitioner had filed the second bail application before this Court in Criminal Petition No.102755 of 2024, - 3 - HC-KAR NC: 2025:KHC-D:11600 CRL.P No. 103068 of 2025 which was rejected on merits by the Co-ordinate Bench of this Court on 06.12.2024. Thereafter, it appears that petitioner had filed the fresh bail application before the Trial Court, which was rejected on 02.06.2025. It is under these circumstances, he is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that material charge sheet witnesses are already examined before the Trial Court. Petitioner is in custody from 03.10.2023 onwards. Petitioner has no other criminal antecedent. Therefore, he may be enlarged on bail. 5. Learned HCGP has seriously opposed the prayer made in the petition. She submits that all the material charge sheet witnesses have supported the case of the prosecution. While rejecting the second bail application of the petitioner, this Court has observed that the likelihood of petitioner threatening or tampering with the witnesses, or in the event he absconding, delay being caused in disposal of - 4 - HC-KAR NC: 2025:KHC-D:11600 CRL.P No. 103068 of 2025 the proceedings cannot be ruled out. Trial in the case would be completed within a period of two months from today. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that considering the nature of allegations found against the petitioner and the material evidence available against him, prayer made by the petitioner for grant of regular bail was rejected reserving liberty to the petitioner to file a bail application after recording evidence of CW1 and CW4 to CW13 were completed before the Trial Court. CW1 has been examined as PW4 in the present case and her evidence was recorded on 09.09.2024. CW4 has been examined in the present case as PW1 and his evidence was recorded in the present case on 30.07.2024. CW5 was examined as PW2 on 30.07.2024 and CW6 and CW7 were examined before the Trial Court in the month of October 2024 and November 2024. After the examination of the aforesaid material charge sheet witnesses, the petitioner had once again approached this Court in Criminal Petition - 5 - HC-KAR NC: 2025:KHC-D:11600 CRL.P No. 103068 of 2025 No.102755 of 2024 and this Court having considered the case of the petitioner on merits had once again rejected the prayer of the petitioner for grant of regular bail. The said order was passed by the Co-ordinate Bench of this Court, after some of the material charge sheet witnesses were examined in the present case and therefore, I am of the opinion that merely for the reason that the material charge sheet witnesses are examined in the present case, the same cannot be a ground for enlarging the petitioner on bail, when similar prayer made by him, after some of the material charge sheet witnesses were examined was rejected by this Court in Criminal Petition No.102755 of 2024. 7. Learned HCGP on instructions has submitted before this Court that within a period of two months from today, the trial in the case will be completed and the matter itself can be disposed of on merits at the earliest. Considering the said aspect of the matter, I am of the opinion that prayer made by the petitioner for grant of - 6 - HC-KAR NC: 2025:KHC-D:11600 CRL.P No. 103068 of 2025 regular bail in the successive bail application at this stage cannot be entertained. Accordingly, the following: ORDER Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 19