- 1 - HC-KAR NC: 2025:KHC-D:9744 CRL.P No. 102254 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102254 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MALLAPPA S/O. SADASHIV UPPAR, AGE 35 YEARS, OCC COOLIE, R/O HARUGERI, TALUKA RAIBAG, DIST. BELAGAVI. …PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY HARUGERI P S I TQ RAIBAG, DIST BELAGAVI 590001 R/BY HCGP, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO RELEASE THE PETITIONER ACCUSED NO.1 ON BAIL IN RELATION TO HARUGERI PS CR. NO.141/2023 PENDING ON THE FILE OF THE VIITH ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AT CHIKKODI IN SC NO.5071/2023 FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9744 CRL.P No. 102254 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in S.C. No.5071 of 2023 pending before the Court of VII Additional District and Sessions, Belagavi at Chikkodi arising out of Crime No.141 of 2023 registered by Harugeri Police Station, Belagavi District for offence punishable under Section 302 of IPC, is before this Court in this Successive bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. 3. Learned counsel for the petitioner after arguing the matter for some time submits that the petitioner is in custody in the present case from 21.06.2023. Though charge has been framed in the present case, there is no progress in the trial of the case. Petitioner is in custody for the last more than two years. He submits that this petition may be dismissed as not pressed at this stage with liberty - 3 - HC-KAR NC: 2025:KHC-D:9744 CRL.P No. 102254 of 2025 to the petitioner to renew his bail application after CW9, CW10 and CW11, who are the material charge sheet witnesses are examined before the Trial Court. He submits that the Trial Court may be directed to examine the aforesaid witnesses on priority. 4. Learned HCGP does not oppose the prayer made in the petition and on the other hand, she submits that effort shall be made to examine CW9, CW10 and CW11 on priority before the Trial Court. 5. Submissions made on both sides are placed on record. 6. Petition is dismissed as not pressed with liberty as prayed for. Considering the fact that petitioner is in custody from 21.06.2023, the Trial Court as well as the prosecution are requested to make endeavours to examine the material charge sheet witnesses CW9, CW10 and CW11 on priority before the Trial Court. In the event the aforesaid witnesses are not examined within a period of - 4 - HC-KAR NC: 2025:KHC-D:9744 CRL.P No. 102254 of 2025 six months from today, the petitioner is at liberty to renew his bail application. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH LIST NO.: 1 SL NO.: 18