- 1 - NC: 2025:KHC-D:5495 CRL.P No. 100462 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100462 OF 2024 (439(2)(CR.PC)/483(3)(BNSS)) BETWEEN: SRI SANJAY S/O. SHIVAJI PATADARI, AGE: 33 YEARS, OCC. DRIVER, R/O. GANGIWAL VILLAGE, TALUK: HUBBALLI, DISTRICT: DHARWAD. …PETITIONER (BY SRI SURESH SHETTEMMANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH OLD HUBBALLI P.S. R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, ADVOCATE GENERAL OFFICE, DHARWAD. 2. BASAVARAJ @ BASAPPA S/O. BHARAMAPPA MARADGI AGE: 54 YEARS, OCC. SOCIAL WORK, R/O. KALAGANAMADDI PLOT, RAYANAL VILLAGE, TALUK: HUBBALLI, DIST. DHARWAD. …RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1; SRI K.L. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 439(2) OF CR.P.C. SEEKING TO CANCEL THE BAIL GRANTED TO THE RESPONDENT NO.2/ACCUSED NO.8 VIDE ORDER DATED 12.09.2023 IN CRIMINAL PETITION NO. 101892/2023 AND RESPONDENT NO.2/ ACCUSED BE COMMITTED TO THE CUSTODY IN CRIME NO. 110/2022 OF OLD HUBBALLI P.S. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 12:03:59 +0530 - 2 - NC: 2025:KHC-D:5495 CRL.P No. 100462 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Suresh Shettemmanavar, learned counsel for the petitioner and Smt.Girish S. Hiremath, learned High Court Government Pleader for respondent No.1-State and Sri.K.L.Patil, learned counsel for respondent No.2. 2. Petition under Section 439(2) of the Criminal Procedure Code (for short, ‘the Cr.P.C’) with the following prayer: “To cancel the bail granted to the respondent no.2/accused no.8 vide Order dated 12.09.2023 in Criminal Petition No. 101892/2023 and respondent no.2/ accused be committed to the custody in Crime No. 110/2022 of old Hubballi P.S.” 3. At the out set, Sri.Suresh Shettemmanavar, submits that after obtaining the bail, there is a violation of bail condition inasmuch as respondent No.2 is threatening - 3 - NC: 2025:KHC-D:5495 CRL.P No. 100462 of 2024 the prosecution witnesses. The same is denied by learned counsel for the respondent-accused Sri.K.L.Patil. 4. Neverthless, directing the petitioner to lodge a fresh complaint or bring it to the notice of the learned trial Judge about the threat and seeking the Police protection would meet the ends of justice in the case on hand. 5. It is settled principles of law and requires no emphasis that once a bail is granted, it should not be usually disturbed unless there are compelling circumstances to cancel the bail. 6. Apprehension expressed by the petitioner can be thus, easily quelled by reserving the liberty for petitioner to bring it to the notice of the trial Judge about the alleged threat and seeking Police protection and if there is further threat, registering one more case with regard to the alleged threat, the matter stands disposed off. - 4 - NC: 2025:KHC-D:5495 CRL.P No. 100462 of 2024 7. Further, it is made clear that respondent No.2 shall not threaten the prosecution witnesses in any manner. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 3 SL NO.: 1