- 1 - HC-KAR NC: 2025:KHC-D:9753 CRL.P No. 102637 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. 102637 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KHANDOBA S/O. SUKHADEV BHOSALE, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: DHABADHABAHATTI, TQ: ATHANI, DIST: BELAGAVI, PIN CODE-591 304. … PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH AIGALI POLCIE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN AIGALI POLICE STATION IN CRIME NO.75/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 109, 302, 504, 506 R/W 34 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR. DN) AND JMFC COURT ATHANI, BELAGAVI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9753 CRL.P No. 102637 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Learned counsel for the petitioner after arguing the matter for some time submits that the petition may be dismissed as not pressed at this stage with liberty to the petitioner to renew his bail application before the trial Court, after examination of CW.10, who is the sole eye witness in the present case is completed before the trial Court. He submits that the petitioner, who has no criminal antecedents is in custody for the last more than one year and therefore the trial Court as well as the prosecution may be directed to examine CW.10 before the trial Court on priority. 2. The said submission is placed on record. 3. The petition is dismissed as not pressed with liberty as prayed for. 4. It is needless to state since the petitioner is in custody for the last more than one year, the trial Court as - 3 - HC-KAR NC: 2025:KHC-D:9753 CRL.P No. 102637 of 2025 well as the prosecution shall make endeavour to examine CW.10, on priority. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK