- 1 - HC-KAR NC: 2025:KHC:38084 CRL.P No. 11030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11030 OF 2025 BETWEEN: FAYAZ KHAN @ FAYAZ AHMED SON OF RIYAZ KHAN, AGED ABOUT 39 YEARS, RESIDING AT NEAR BILAL MASJID, HAVELI MOHALLA, AMMAVARIPETE, KOLAR-563 101. …PETITIONER (BY SRI. SUHAIB FAZEEL MADAR, ADVOCATE) AND: STATE OF KARNATAKA BY GULPET POLICE STATION, REP. BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.158/2023 (CRIME NO.23/2023) FOR THE ALLEGD OFFENCE PUNISHABLE UNDER SECTION 302, 307, 114 READ WITH 34 OF THE INDIAN PENAL CODE FILED BY GULPET POLICE PENDING BEFORE THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38084 CRL.P No. 11030 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive petition preferred by the petitioner, praying to enlarge him on bail in S.C.No.158/2023 pending before the Court of II Additional District and Sessions Judge at Kolar, arising out of Crime No.23/2023 of Gulpet Police Station, registered for the offence punishable under Section 302, 307, 114 r/w 34 of IPC. 2. This Court has considered the prayer seeking bail in Crl.P No.13871/2023 and dismissed the said petition vide order dated 12.01.2024. 3. The changed circumstances pleaded by the petitioner’s counsel is that the petitioner is languishing in judicial custody for the last 2 ½ years and as of now the trial has not commenced. It is contended that the incident has taken place in a sudden quarrel, wherein, the petitioner has allegedly caused one injury with a knife, to - 3 - HC-KAR NC: 2025:KHC:38084 CRL.P No. 11030 of 2025 the abdomen of the victim. He therefore, submitted that by imposing any conditions, petitioner may be enlarged on bail. 4. Learned High Court Government Pleader has opposed the prayer contending that CW.2 is an injured witness and he being a material witness, if the petitioner is enlarged on bail, there are all chances of tampering the said witness thereby, hampering the case of prosecution. He has accordingly, sought to dismiss the petition. 5. While dismissing Crl.P No.13871/2023, this Court has taken into consideration the entire facts and circumstances and after observing that there is a prima facie case against the petitioner, and CW.2 is a material witness, dismissed the said petition. 6. It is contended by the learned counsel for petitioner that inspite of framing of the charges, the trial has not commenced. The material on record goes to show that summons were issued to PW.1-complainant, but she has not been secured. It is the duty of prosecution to - 4 - HC-KAR NC: 2025:KHC:38084 CRL.P No. 11030 of 2025 secure the presence of witnesses. Trial cannot be prolonged for no fault of the accused, who is in judicial custody. An accused cannot be detained in prison for an indefinite period, without a trial. 7. Learned High Court Government Pleader has submitted that the prosecution will take all necessary steps to secure the presence of CWs.1 and 2, material witnesses in this case. 8. In light of the above submission of the State, petition is dismissed, with a liberty to the petitioner to move for bail before the Sessions Court, if the evidence of CWs.1 and 2 is not recorded within a period of 3 months from today. Copy of this order shall be communicated to the trial Court, by the Registry. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 26