- 1 - HC-KAR NC: 2025:KHC-D:9262 CRL.P No. 100594 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100594 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: TOUFIK @ BALEKHAN SHOUKAT KHYADI @ KHYADAGOL, AGE: 25 YEARS, OCC: PRIVATE ELECTRICIAN, R/O: YELAMMANAWADI (KOKATNUR), TQ: ATHANI, DIST: BELAGAVI-590 001. … PETITIONER (BY SRI. IRANAGOUDA KABBUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH AIGALI POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD-580 010. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND THE PETITIONER/ACCUSED MAY BE RELEASED ON REGULAR BAIL, IN SC NO.10119/2024 (CRIME NO.16/2024 AIGALI P.S.) PENDING BEFORE LEARNED XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT ATHANI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 452, 307, 302, 504 AND 506 OF IPC, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9262 CRL.P No. 100594 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel appearing for the petitioner, after arguing the matter for some time, submits that at this stage, this petition may be dismissed as not pressed, with liberty to the petitioner to renew his bail application after the alleged eyewitnesses, namely CW1, CW19, CW21, CW23 and CW24, are examined before the trial Court. 2. He further submits that, taking into consideration that the petitioner who is aged about 19 years is in custody for the last more than 1 year 6 months, the trial Court may be directed to examine the aforesaid eyewitnesses on priority. 3. The submissions are placed on record. - 3 - HC-KAR NC: 2025:KHC-D:9262 CRL.P No. 100594 of 2025 4. The petition is dismissed as not pressed with liberty as prayed for. 5. The trial Court shall expedite the trial in the case, and after the charges are framed, the trial Court as well as the prosecution shall make endeavours to examine the aforesaid eyewitnesses, namely CW1, CW19, CW21, CW23 and CW24 on priority before the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 37