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2025 DAILYLAW 50628 (KAR)

ARBAZ S/O IRFAN HANCHINAL, v. THE STATE OF KARNATAKA,

CRL.P/101986/2025 · 2025-06-23

Venkatesh Naik T

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7947 CRL.P No. 101986 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101986 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: ARBAZ S/O. IRFAN HANCHINAL, AGE: 25 YEARS, OCC: REAL ESTATE, R/AT. NAVALGUND ROAD, APANA NAGAR, BEHIND ROYAL FUNCTION HALL, DHARWAD-580001. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, SUB URBAN POLICE STATION, DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, 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. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C. NO.60/2023 PENDING ON THE FILE OF 4TH ADDL. DISTRICT AND SESSIONS JUDGE AT: DHARWAD AS ATTACHED IN SUB URBAN POLICE STATION, DHARWAD IN CRIME NO.118/2023 FOR THE OFFENCE PUNISHABLE U/S.120B, 143, 147, 148, 149, 302, 307, 304, 201, 212 OF THE IPC AND U/S.25 OF ARMS ACT, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7947 CRL.P No. 101986 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Sri. Mot Gourishankar Marishchandra., learned counsel for the petitioner filed a memo for withdrawal. The contents of the memo read as under; “The Advocate for the petitioner respectfully submits as follows: That in view of the order passed in Crl.P.No.102409/2024, the prosecution has only examined in part CW.1, 18, 24, who turned hostile, but due to non-availability of CCTV footage, the cross-examination by Public Prosecutor not completed. Hence, above petition may be disposed with liberty to file Bail Petition after completion of cross by P.P by showing CCTV footage. Hence, this memo.” In view of the memo and supporting submission, the petition is dismissed as withdrawn. However, Trial Court is directed to expedite the trial without adjourning the - 3 - HC-KAR NC: 2025:KHC-D:7947 CRL.P No. 101986 of 2025 matter on any grounds. The trial Court is also directed to examine PWs.1 to 3/CWs.1, 18 and 24 within a period of four weeks from today. Registry is directed to issue intimation to the trial Court accordingly. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 21