- 1 - HC-KAR NC: 2025:KHC-D:10207 CRL.P No. 102528 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102528 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KRISHNA S/O MALLAPPA CHULKI, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. JAMMIHAL VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD, PIN CODE-580 114. … PETITIONER (BY SRI. VASANTH G. HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH PSI KALAGHATAGI POLICE STATION, KALAGHATAGI, PIN CODE-581 204. … 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 RELEASE OF THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN KALAGHTAGI POLICE STATION CRIME NO.112/2019 I.E. NOW IN SESSIONS CASE NO.20/2020 FOR THE OFFENCE UNDER SECTIONS 143, 147, 148, 448, 504, 506, 341, 307, 302, 324, 326, 120B, 201 R/W 149 OF IPC AND SECTION 27 OF INDIAN ARMS ACT 1959 WHICH IS NOW PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD. 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:10207 CRL.P No. 102528 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.4 in S.C.No.20 of 2020 pending before the Court of IV Additional District Sessions Judge, Dharwad arising out of Crime No.112 of 2018 registered by Kalaghatagi Police Station, Darwad District for offences punishable under Section 143, 147, 148, 448, 504, 506, 341, 307, 302, 324, 326, 120B, 201 R/w 149 of IPC and Section 27 of Indian Arms Act, 1959, is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail on medical grounds. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that, this Court had earlier thrice granted interim bail to the petitioner on medical grounds. Petitioner is now advised to take treatment in a specialized hospital for his heart problems. He accordingly prays to consider his prayer to be enlarged on medical grounds. 4. Learned HCGP, who has produced the medical report of the petitioner, does not dispute the submission made - 3 - HC-KAR NC: 2025:KHC-D:10207 CRL.P No. 102528 of 2025 by the learned counsel for the petitioner. However, she submits that petitioner may be put to strict terms as the trial in the case is under progress. 5. Material on record would go to show that, on the merits of the case petitioner's prayer for grant of regular bail was rejected by the Co-ordinate Bench of this Court in the Criminal Petition No.100624 of 2020 disposed of on 03.09.2020. Thereafter, he has been granted interim medical bail for limited periods by the Co-ordinate Bench of this Court in Criminal Petition No.101288 of 2021, Criminal Petition No.102038 of 2021, Criminal Petition No.103104 of 2023 and in Criminal Petition No.100814 of 2024. The medical records of the petitioner made available before this Court would go to show that petitioner has been suffering from multiple ailments. In the medical report it is stated that, the petitioner is suffering from complications of uncontrolled hypertension and heart problem. It is further stated that doctors of KMCRI, Huballi have advised for CT Aortogram, CT Renal and Endoscopy procedure when the petitioner was last medically examined in the said hospital. - 4 - HC-KAR NC: 2025:KHC-D:10207 CRL.P No. 102528 of 2025 6. According to the learned counsel for the petitioner he is yet to undergo treatment advised and therefore for the said purpose he is before this court. 7. It is brought to the notice of this Court that out of the 46 charge sheet witnesses cited in the present case, 32 charge sheet witnesses are already examined, which includes the material charge sheet witnesses. Considering the health condition of the petitioner, this Court has earlier granted interim bail on multiple occasions to the petitioner. Insofar as the present health condition of the petitioner is concerned, the medical report of the petitioner would reflect that the doctors, who have medically examined him have advised him to undergo certain medical treatments. Under the circumstances, I am of the opinion that his prayer for the regular bail on medical grounds is to be considered for a limited period of two months. 8. Accordingly the following :- ORDER Criminal Petition is allowed in part. The petitioner is directed to be released on bail for a limited period of two months in S.C.No.20 of 2020 pending - 5 - HC-KAR NC: 2025:KHC-D:10207 CRL.P No. 102528 of 2025 before the Court of IV Additional District Sessions Judge, Dharwad arising out of Crime No.112 of 2018 registered by Kalaghatagi Police Station, Darwad District for offences punishable under Section 143, 147, 148, 448, 504, 506, 341, 307, 302, 324, 326, 120B, 201 R/w 149 of IPC and Section 27 of Indian Arms Act, 1959, subject to following conditions:- (a) Petitioner / accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) Petitioner / accused No.4 shall not tamper the prosecution witnesses. (c) Petitioner / accused No.4 shall not enter the Jammihal village of Kalaghatagi Taluk. (d) Petitioner / accused No.4 shall appear before the trial Court on the dates of hearing, unless his appearance is exempted for valid reasons. (e) Petitioner / accused No.4 shall voluntarily surrender after completion of two months from the date he is released from jail, before the trial Court. - 6 - HC-KAR NC: 2025:KHC-D:10207 CRL.P No. 102528 of 2025 (g) Petitioner / Accused No.4 shall produce necessary material before the trial Court for having undergone treatment for his medical conditions. It is needless to state that considering the fact that petitioner is in custody for the last nearly six years, the trial Court shall make endeavour to expedite the trial and dispose of the case on merits as expeditiously as possibly. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK