- 1 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102636 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: PRADANI @ PINTU SHEKAR WAGHMODE S/O. SHEKHAR VAGHAMODE @ METRI, AGED ABOUT 36 YEARS, OCC. ARMY SOLDIER, R/AT. MAGASULI, TQ. KAGWAD, DIST. BELAGAVI-591 234. … PETITIONER (BY SRI. DILRAJ ROHIT SEQUEIRA, ADVOCATE) AND: THE STATE, REPRESENTED BY THE STATION HOUSE OFFICER, KAGWAD POLICE STATION, REPRESENTED BY THE THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 PASS AN ORDER FOR GRANT OF REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 HEREIN IN CONNECTION WITH IN S.C. NO.5018/2022 ARISING OF OUT OF CRIME NO.170/2021 PERTAINING TO KAGWAD POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 302, 307, 341, 504, 506 R/W SECTION 34 OF IPC, NOW PENDING ON THE FILE OF XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AT ATHANI, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in S.C.No.5018/2022 pending before the Court of XI Additional District and Sessions Judge, Belagavi, sitting at Athani, arising out of Crime No.170/2021 registered by Kagwad Police Station, Athani taluk, Belagavi district for the offences punishable under Sections 302, 307, 341, 504, 506 read with Section 34 of Indian Penal Code, is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.170 of 2021 was registered by Kagwad Police Station, Belagavi district initially for offences punishable under Sections 506, 341, 504, 143, 147, 148, 149, 307, 326 of IPC against Shekhar Mallappa Vaghamode and others based on the first information dated 13.10.2021 received from Sukhadev Shivaram - 3 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 Shingade, relative of deceased Eerappa Balu Shingade. During the course of investigation, petitioner herein who was arrayed accused No.2 in the FIR was arrested on 13.10.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. Father of the petitioner is arrayed as accused No.1 and the petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore he had approached this Court in Criminal Petition No.101072/2022 which was dismissed on merits by the Coordinate Bench of this Court on 24.05.2022. Subsequently, petitioner had filed Criminal Petition No.100282/2023, which was dismissed on merits by the Coordinate Bench of this Court on 14.02.2023. Thereafter, petitioner had filed Criminal Petition No.103479/2024, which was dismissed on merits by the Coordinate Bench of this Court on 17.01.2025. Petitioner had once again approached the trial Court in Criminal Misc.No.10088 of - 4 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 2025, which was dismissed on 06.06.2025. It is under these circumstances, he is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that petitioner having no criminal antecedent, is in custody for the last 3 years 10 months. All the material charge sheet witnesses have been already examined. The petitioner was serving in Indian Army and his higher officers have issued a communication dated 15.04.2025 addressed to the Presiding Officer of the Trial Court, with a request to enlarge the petitioner on bail since his services are required by the Army. He submits that there is no progress in the trial after dismissal of Criminal Petition No.103479 of 2024 by the Coordinate Bench of this Court on 17.01.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that earlier bail applications filed by the petitioner have been dismissed on merits and no - 5 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 change in circumstance has been pointed out and therefore this petition cannot be entertained. She further submits that trial Court may be directed to dispose of the main case within a time frame since only few more witnesses are required to be examined by the prosecution. Accordingly, she prays to dismiss the petition. 6. First informant, who is the father of deceased Eerappa Balu Shingade, is the alleged eyewitness to the incident in question. Though FIR was initially registered against 5 persons, after completing investigation, charge sheet has been filed only against 2 persons. As per the charge sheet allegations, there was an enmity between the accused and the deceased, for the reason that deceased had made complaint to the police alleging that accused had committed theft of sheep. In the alleged incident that had taken place on 13.10.2021 at about 02.20 p.m., accused Nos.1 and 2 had picked up quarrel with the deceased on this background and when accused No.1 held deceased, accused No.2-petitioner allegedly had - 6 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 assaulted deceased with a sharp edged weapon on his chest, neck and other parts of the body. When CW10- Chandrakant tried to intervene, accused No.2 allegedly assaulted him and caused injuries. Injured Chandrakant and Eerappa Balu Shingade were thereafter shifted to a hospital. Eerappa had succumbed to the injury while undergoing treatment and had died on 20.10.2021. 7. As per the post-mortem report, death was due to septicaemia as a result of ligature compression of neck. The first bail application filed by the petitioner before this Court in Criminal Petition No.101072 of 2022 was dismissed on merits by the Coordinate Bench of this Court on 24.05.2022. In the said order, liberty has been granted to the petitioner to approach the Sessions Court once the evidence of material witnesses is recorded. The bail application filed by the petitioner subsequently before this Court in Criminal Petition No.100282 of 2023 and Criminal Petition No.103479 of 2024 were also rejected by this Court. It is brought to the notice of this Court that all the - 7 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 material charge sheet witnesses, except the official witnesses, have been examined before the trial Court. The said submission is not disputed by learned HCGP. After the material charge sheet witnesses were examined before the trial Court, petitioner has filed a fresh bail application before the trial Court in Criminal Misc. No.10088 of 2025, which was rejected on 06.06.2025. 8. Learned counsel for the petitioner has submitted that after dismissal of Criminal Petition No.103479 of 2024 by order dated 17.01.2025, there is no much progress in the trial. The order sheet of the trial Court is made available to this Court by the learned counsel for the petitioner. Perusal of the same would go to show that after 17.01.2025, till date, only one witness has been examined before the trial Court. Though the trial Court has issued witness summons to CW42, who is a police officer, in spite of service of summons, the said witness has not appeared before the trial Court. Thereafter multiple times bailable warrant has been issued against - 8 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 him, but the prosecution has not kept him present before the trial Court. Therefore, I find some force in the contention urged on behalf of the petitioner that there is no much progress in the trial of the case. 9. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Saikh Vs. State of Maharashtra and Another reported in (2024) 9 SCC 813 in paragraph No. 17 has observed as follows: "17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 10. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner may tamper with the said witnesses. It is relevant to note here that this Court while dismissing Criminal Petition No.101072 of 2022 by order dated 24.05.2022, had reserved liberty to the petitioner to file a - 9 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 fresh bail application before the Sessions Court after the material charge sheet witnesses are examined. 11. Petitioner, who is a Soldier, has no other criminal antecedent. He is in custody for the last more than 3 years 10 months. The communication dated 15.04.2025 by the Commanding Officer of the Unit, in which the petitioner was earlier working, is produced along with the petition and perusal of the same would go to show that, a request is made by the Commanding Officer to consider the bail application of the petitioner and release him from custody, so that his services can be utilized. It is also stated in the said communication that Unit will spare him as and when asked for his hearing by the Courts. 12. Considering the aforesaid aspects of the matter, more so the period of petitioner's incarceration, I am of the opinion that the prayer made for grant of regular bail - 10 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 needs to be answered in the affirmative. Accordingly, the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5018/2022 pending before the Court of XI Additional District and Sessions Judge, Belagavi, sitting at Athani, arising out of Crime No.170/2021 registered by Kagwad Police Station, Athani taluk, Belagavi district for the offences punishable under Sections 302, 307, 341, 504, 506 read with Section 34 of Indian Penal Code, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 11 - HC-KAR NC: 2025:KHC-D:10102 CRL.P No. 102636 of 2025 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 5