- 1 - HC-KAR NC: 2025:KHC-D:9317 CRL.P No. 102814 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102814 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI SHASHIKANT S/O. BHIMASHI MISALE, AGE: 24 YEARS, OCC: AGRICULTURE, R/O: KALMESHWAR NAGAR, SULEBHAVI VILLAGE, TAL: AND DIST: BELAGAVI, PIN CODE-591 103. … PETITIONER (BY SRI. PRAVEEN A. KAROSHI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, DHARWAD BENCH, THROUGH MARIHAL PS, DIST: BELAGAVI, PIN CODE-591 103. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYED THAT THE BENEFIT PROVIDED UNDER SECTION 439 OF CR.P.C MAY BE GIVEN, THIS PETITIONER/ACCUSED NO.1, MAY BE ORDERED TO BE RELEASED ON BAIL IN MARIHAL P.S. CRIME. NO.138/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 143, 147, 148, 302, R/W 149 OF IPC AND THE TRAIL WAS PENDING BEFORE THE IX ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI, AT BELAGAVI IN S.C. NO.46/2023, IN THE INTEREST 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: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9317 CRL.P No. 102814 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.46/2023 pending before the IX Additional District and Sessions Judge, Belagavi, arising out of a Crime No.138/2022 registered by Marihala Police Station, Belagavi, for offences punishable under Sections 143, 147, 148, 302, 120B, read with Section 149 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.138/2022 was registered by Marihal Police Station, Belagavi, initially for offences punishable under Sections 143, 147, 148, 302, 149 of IPC against the petitioner and others based on the first information dated 07.10.2022 received from Vinod Patil. During the course of investigation, the petitioner herein was arrested on 08.10.2022 and subsequently remanded to judicial custody. After completion of investigation, charge sheet was filed and the petitioner herein is arrayed as accused No.1 in the charge sheet. The bail application filed before the trial Court was - 3 - HC-KAR NC: 2025:KHC-D:9317 CRL.P No. 102814 of 2025 rejected and therefore, earlier he had approached this Court in Criminal Petition No.101753/2024 which was rejected on 05.09.2024. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. All the material charge sheet witnesses have been examined in the present case. The alleged eye witnesses and other material charge sheet witnesses have turned hostile to the case of prosecution and it is under these circumstances, accused No.6 has been granted regular bail by this Court in Criminal Petition No.102068/2025 disposed of on 07.07.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that allegation of assault on the deceased on 06.10.2022 is found in the charge sheet against accused Nos.1 to 6. The prosecution after completing investigation has filed the charge - 4 - HC-KAR NC: 2025:KHC-D:9317 CRL.P No. 102814 of 2025 sheet citing 39 charge sheet witnesses in the present case. It is not in dispute that all the charge sheet material witnesses including the alleged eye witnesses have been examined before the Trial Court in the present case. 7. Learned counsel for the petitioner has submitted that material charge sheet witnesses including the alleged eye witnesses have turned hostile to the case of the prosecution and the same is not seriously disputed by the learned HCGP. Undisputedly, petitioner is an agriculturist. He is in custody for more than two years and nine months. Since all the material charge witnesses are examined, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. Under similar circumstances, accused No.6 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.102068/2025 on 07.07.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner who is an agriculturist by avocation, for grant of bail needs to be answered affirmatively. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:9317 CRL.P No. 102814 of 2025 ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.46/2023 pending before the Court of IX Additional District and Sessions Judge, Belagavi arising out of Crime No.138/2022 registered by Marihal Police Station, Belagavi for offences punishable under Sections 143, 147, 148, 302, 120B, read with Section 149 of IPC, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC-D:9317 CRL.P No. 102814 of 2025 iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 37