- 1 - HC-KAR NC: 2025:KHC-D:11776 CRL.P No. 102003 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102003 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. RAGHAVENDRA S/O BASAVARAJ PATATH, AGE. 30 YEARS, OCC. CONTRACTOR, R/O. NEAR BEERALINGESHWAR TEMPLE, KOTUTU VILLAGE, TQ. AND DIST. DHARWAD-580 001. … PETITIONER (BY SRI. LESLEE SAMUEL SULLAD, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH GARAG P.S., REPRESENTED BY HGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … 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 ABOVE SAID PETITIONER OR ACCUSED NO.1 ON REGULAR BAIL IN SC NO.53/2023 GARAG P.S. CRIME NO.72/2023 UNDER SECTIONS 143, 147, 148, 302, 109, 120(B), 504 R/W 149 OF IPC, ON THE FILE OF IV ADDL. DISTRICT AND SESSION JUDGE DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. 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:11776 CRL.P No. 102003 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.1 in S.C.No.53/2025 pending before the Court of IV Addl. District & Sessions Judge, Dharwad, arising out of Crime No.72/2023 registered by Garag Police Station, Dharwad District, for the offences punishable under Sections 143, 147, 148, 302, 109, 120B, 504 read with 149 IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 read with Section 439 of Cr.PC, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that petitioner is in custody from 19.04.2023. All the other accused persons in the present case have been enlarged on bail. Petitioner’s earlier bail petition filed in Crl.P.No.102118/2024 was dismissed on merits on 22.11.2024 with liberty to the petitioner to file a fresh bail petition after completion of the evidence of material witnesses. He submits that though trial in the case has commenced in the month of December 2024 itself, till date the - 3 - HC-KAR NC: 2025:KHC-D:11776 CRL.P No. 102003 of 2025 material charge sheet witnesses viz., CW-17 to CW-21 are not examined. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that the Trial Court has already issued summons to CW- 17 to CW-21 and since they were not kept present, in the month of January 2025 itself bailable warrant has been issued to CW-17 to CW-21. They shall be examined before the Trial Court on priority. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that the petitioner’s earlier bail application was dismissed on merits by a detailed order reserving liberty to the petitioner to file a fresh bail application after completion of evidence of material charge sheet witnesses. Learned Counsel for the petitioner has submitted that CW-17 to CW-21 are the material witnesses in the present case. The order sheet of the Trial Court would go to show that witness summons was issued to CW-17 to CW-21 on 19.12.2024 itself. Since the prosecution had failed to keep the said witnesses present before the Court, on 30.01.2025 bailable warrant has been issued to the said witnesses and also to CW-1. - 4 - HC-KAR NC: 2025:KHC-D:11776 CRL.P No. 102003 of 2025 The said witnesses were present before the Court on 11.03.2025 and on the said date, a request was made on behalf of the accused to permit them to cross- examine the aforesaid witnesses, after the chief examination of all the aforesaid witnesses is completed by the prosecution. 6. CW-1 is partially examined as PW3 and the case is at the stage of examination of material charge sheet witnesses i.e., CW-17 to CW-21. Under the circumstances, at this stage, this petition cannot be entertained. Accordingly, the petition is dismissed with liberty to the petitioner to file a fresh petition after examination of CW-17 to CW-21 is completed before the Trial Court. It is needless to state that efforts shall be made by the Trial Court as well as by the prosecution to examine the aforesaid material charge sheet witnesses, expeditiously. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 16