- 1 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103248 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ARBAZ S/O. IRFAN HANCHINAL, AGE. 25 YEARS, OCC. REAL ESTATE, R/AT: NAVALGUND ROAD, APANA NAGAR, BEHIND ROYAL FUNCTION HALL, DHARWAD-580 001. … PETITIONER (BY SRI. MOT GOURISHANKAR HARISHCHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA, SUB URBAN POLICE STATION, DHARWAD, REP. BY ITS 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), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C. NO.60/2023 PENDING ON THE FILE OF 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT: DHARWAD AS ATTACHED IN SUB URBAN POLICE STATION, DHARWAD IN CRIME NO.118/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 143, 147, 148, 149, 302, 307, 304, 201, 212 OF THE IPC AND UNDER SECTION 25 OF ARMS ACT, 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:10937 CRL.P No. 103248 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.60 of 2023 pending before the Court of IV Additional District and Sessions Judge, Dharwad arising out of Crime No.118 of 2023 registered by Sub-Urban Police Station, Hubballi Dharwad for offences punishable under Sections 120B, 143, 147, 148, 302, 307, 304, 304, 201, 212 read with Section 149 of IPC and Section 25 of the Arms Act, 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.118 of 2023 was registered by Sub Urban Police Station, Dharwad initially for offences punishable under Sections 120B, 143, 147, 148B, 143 read with Section 149 of IPC and Section 25 of the Arms Act on the basis of the first information dated 26.05.2023 received from Abbasali Kudachi son of deceased Mahammedsab Kudachi against the petitioner and others. During the - 3 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 course of investigation, the petitioner herein was arrested on 28.05.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against nine persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Sessions Court was rejected and therefore, he had approached this Court in Criminal Petition No.102409 of 2024, which was dismissed as not pressed with liberty to the petitioner to approach this Court afresh after examination of CW1, CW18 and CW24, who are the eyewitnesses to the incident in question is completed before the Trial Court. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that CW1, CW18 and CW24 are examined before the Trial Court as PW1 to PW3. CW19 and CW20 who are the other eye witnesses have been now examined before the Trial Court and none of the eyewitnesses have supported the case of the prosecution. Therefore, they have been treated as - 4 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 hostile witnesses. Petitioner is in custody for the last more than two years. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. She however bring to the notice of this Court that another criminal case in Crime No.380 of 2021, registered for offence punishable under Section 160 of IPC, is pending against the petitioner. 6. In the first information, the presence of five persons at the spot of crime has been mentioned and after completing investigation, in the charge sheet that has been filed in the present case, allegation is found against seven persons about assaulting the deceased and the injured victims. CW18, 19 and 20 are the alleged injured eye witness to the incident in question. All the other accused except the petitioner have been enlarged on bail in the present case. 7. Petitioner’s earlier bail application in Criminal Petition No.102049 of 2024 was dismissed as not pressed - 5 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 with liberty to the petitioner to approach this Court after examination of CW1, CW18 and CW24 is completed before the Trial Court. CW1, CW18 and CW24 are examined before the Trial Court as PW1 to PW3 and CW19 and CW20 are examined as PW4 and PW5 before the Trial Court. CW18 to CW20, who are examined before the Trial Court as PW2, PW4 and PW5 are the injured eyewitnesses in the present case. 8. Learned counsel for the petitioner submits that all the eyewitnesses including the injured eyewitnesses who are examined before the Trial Court as PW1 to PW5 have turned hostile to the case of the prosecution. This submission is not seriously disputed by learned HCGP. 9. Petitioner is in custody from 28.05.2023 onwards. The prosecution has totally cited 66 charge sheet witnesses in the present case and out of the same till date only five charge sheet witnesses are examined as PW1 to PW5. Therefore, the chances of the trial being completed and the case being disposed of in the near soon is remote. - 6 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 Since all the eye witnesses are already examined before the Trial Court, there cannot be any apprehension that the petitioner may tamper with the material charge sheet witnesses. 10. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. *[Petitioner is directed to be enlarged on bail in S.C. No.60 of 2023 pending before the Court of IV Additional District and Sessions Judge, Dharwad arising out of Crime No.118 of 2023 registered by Sub-Urban Police Station, Hubballi Dharwad for offences punishable under Sections 120B, 143, 147, 148, 302, 307, 304, 304, 201, 212 read with Section 149 of IPC and Section 25 of the Arms Act, subject to the following conditions:] i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- *Corrected Vide Court Order dated 03.09.2025. Sd/- (SVSJ) JUDGE - 7 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 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; 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.: 26 - 8 - HC-KAR NC: 2025:KHC-D:10937 CRL.P No. 103248 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [ARBAZ S/O. IRFAN HANCHINAL VS. THE STATE OF KARNATAKA] 03.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER ON BEING SPOKEN TO Learned counsel for the petitioner submits that in the operative portion of the order passed in this petition, Crime Number, offences, Case Number as well as the Court before which the case is pending has wrongly mentioned. Registry is therefore directed to carry out the necessary correction taking into consideration the prayer made by the petitioner in the prayer column of the petition and thereafter, issue a fresh certified copy. Sd/- ( S.VISHWAJITH SHETTY) JUDGE Vmb List No.: 1 Sl No.: 3