- 1 - HC-KAR NC: 2025:KHC-D:11422 CRL.P No. 103226 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103226 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. ARBAZ KHAN @ ARBAJ @ ARABARAJ S/O SARDAR KHAN, AGE. 29 YEARS, OCC. LABOURER (COOLIE), R/O. KILLA AREA, GANGAVATHI, NOW AT: LAXMI CAMP, GANGAVATHI, KOPPAL, TQ. AND DIST. KOPPAL, PIN-583 231. … PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH GANGAVATHI RURAL POLICE STATION, DIST. KOPPAL, PIN-583 231. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C. NO.1/2025 PENDING BEFORE ADDITIONAL DISTRICT AND SESSION JUDGE, KOPPAL SITTING AT GANGAVATHI (CONNECTION WITH CRIME NO.226/2024 REGISTERED BY THE GANGAVATHI RURAL POLICE STATION) FOR OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 121(1), 115(1), 238, 352, 351(2), 3(5), 281, 125, 125(A) OF BNS 2023 AND UNDER SECTIONS 183, 184, 192, 196, 177 OF M.V. ACT 1988, 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:11422 CRL.P No. 103226 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. Accused No.1 in S.C.No.1/2025 pending before the Court of Additional District and Sessions Judge, Koppal sitting at Gangavathi arising out of Crime No.226/2024 registered by Gangavathi Rural Police Station, Koppal for the offences punishable under Sections 109(1), 121(1), 115(1), 238, 352, 351(2), 281, 125, 125(a) read with Section 3(5) of BNS 2023 and Sections 183, 184, 192, 196, 177 of the Motor Vehicles Act, 1988 is before this Court in this successive bail petition filed under Section 483 of BNSS 2023. 2. Learned HCGP points out to this Court that petitioner had earlier approached this Court in Criminal Petition No.103660/2024 and in Criminal Petition No.101267/2025 which were dismissed on merits reserving liberty to the petitioner to file a fresh bail application if there is any change in circumstance. Since there is no - 3 - HC-KAR NC: 2025:KHC-D:11422 CRL.P No. 103226 of 2025 positive change in circumstance, this successive bail petition cannot be entertained. 3. At this stage, learned counsel for the petitioner submits that before the trial Court summons has been issued to CW1 to CW3, who are the injured eyewitnesses to the incident in question. He submits that this petition may be dismissed as not pressed with liberty to the petitioner to renew his bail petition immediately after CW1 to CW3 are examined before the trial Court. 4. The said submission is placed on record. 5. Petition is dismissed as not pressed with liberty as prayed for. 6. The petitioner is in custody in the present case from 09.10.2024. Taking into consideration his period in custody and also the nature of allegations found in the present case, the trial Court as well as the prosecution shall - 4 - HC-KAR NC: 2025:KHC-D:11422 CRL.P No. 103226 of 2025 make endevour to examine CW1 to CW3 as expeditiously as possible before the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 21