- 1 - HC-KAR NC: 2025:KHC-D:10744 CRL.A No. 100350 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100350 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI TARUN MANJUNATH NAIK, AGE. 19 YEARS, OCC. STUDENT, R/O. H.NO.5, OLD POST OFFICE ROAD, TELUGU COLONY CAMP, TQ. AND DIST. BELAGAVI-590 001. & APPELLANT (BY SMT. NAGARATNA S. PATTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH CAMP POLICE STATION, BELAGAVI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD. 2. SRI. PRAKASH S/O. RAMA KAMBLE, AGE. 52 YEARS, OCC. LABOURER, R/O. H.NO.9 OLD MOCHI GALLI, TELAGU COLONY, CAMP, TQ. AND DIST. BELAGAVI. & RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. RAJASHREE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 14A(2) OF SC/ST ACT, SEEKING TO SETTING ASIDE THE IMPUGNED ORDER DATED 28.02.2025 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI, BY ALLOWING THIS APPEAL THE APPELLANT/ACCUSED MAY BE RELEASED ON BAIL, IN SPL. CASE NO.298/2024 (BELAGAVI CAMP P.S. CRIME NO.19/2024) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 449, 302, 504 R/W 34 OF IPC AND SECTIONS 3(2)(V), 3(1)(R), 3(1)(S), 3(2)(V-A) OF SC/ST RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10744 CRL.A No. 100350 of 2025 ACT, 1989, AMENDMENT ACT, 2015 PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned Counsel for the petitioner after arguing the matter for some time submits that appellant is a student, who is in custody for the last more than one year. Evidence in the case is already commenced before the trial Court. CWs.5, 8 and 9 are material charge sheet witnesses. Therefore, appeal may be dismissed as not pressed at this stage with liberty to the appellant to file a fresh bail application, after examination of CW.5, 8 and 9 is completed before the trial Court. 2. The said submission is placed on record. 3. The appeal is dismissed as not pressed with liberty as prayed for. 4. It is needless to state that considering the fact that the appellant, who is youngster aged about 20 years is in - 3 - HC-KAR NC: 2025:KHC-D:10744 CRL.A No. 100350 of 2025 custody for the last more than one year, efforts shall be made by the trial Court as well as prosecution to examine CWs.5, 8 and 9 before the trial Court, on priority. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK LIST NO.: 1 SL NO.: 32