- 1 - NC: 2025:KHC-D:810 CRL.P No. 103479 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 103479 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. PRADHANI @ PINTO S/O SHEKHAR WAGHMODE @ METRI AGE: 36 YEARS, OCC: INDIAN ARMY SOLDIER, R/O: RENUKA NAGAR, MANGSULI VILLAGE, TAL: KAGWAD, DIST: BELAGAVI. …PETITIONER (BY SRI. GUDODAGIRAMESH, ADVOCATE FOR SRI. PRAVEEN A KAROSHI, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY HCGP, DHARWAD BENCH, THROUGH KAGWAD PS, DIST: BELAGAVI. …RESPONDENT (BY SRI. ASHOK T KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) PRAYING TO RELEASE THE PETITIONER / ACCUSED NO.2 ON BAIL IN KAGWAD P.S. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:810 CRL.P No. 103479 of 2024 CRIME NO.170/2021 U/SEC. 143, 147, 148, 149, 326, 302, 504, 506 OF IPC AND THE TRIAL WAS PENDING BEFORE THE XI ADDL. DIST. AND SESSIONS JUDGE, BELAGAVI AT ATHANI IN S.C.NO.10068/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition preferred by the petitioner/accused No.2 praying to enlarge him on bail in Crime No.170/2021 of Kagawad Police Station, Belagavi District, now pending on the file of the XI Additional District and Sessions Judge, Belagavi in S.C.No.10068/2024. 2. Charge sheet is filed against accused Nos.1 and 2 for offences punishable under Section 302, 307, 341, 504, 506 r/w 34 of IPC. 3. Petitioner’s prayer for bail was rejected by this Court in Crl.P No.101072/2022 dated 24.05.2022 and in - 3 - NC: 2025:KHC-D:810 CRL.P No. 103479 of 2024 Crl.P No.100282/2023 dated 14.02.2023. Further, Crl.P No.100146/2022 was dismissed as withdrawn. 4. Learned counsel for petitioner has contended that he has preferred this petition on changed circumstances. It is his contention that as per the case of prosecution, accused stabbed the deceased on the neck, however, as per post mortem report cause of death is due to ligature compression of neck. He contended that PW.5 in his cross-examination has not identified the deceased in the photograph. He would also contend that Exs.D2 to D7 marked by the defence is in favour of the accused. He has therefore, sought to allow the petition and enlarge the petitioner on bail. 5. Per contra, the learned High Court Government Pleader has contended that this Court has already considered the entire facts and circumstances of the case and dismissed the prayer for bail on merits and there are no changed circumstances made out to release the petitioner on bail. He contended that the trial is in - 4 - NC: 2025:KHC-D:810 CRL.P No. 103479 of 2024 progress and already 28 witnesses are examined before the trial Court and the witnesses in particular PW.5 has supported the case of prosecution and he has deposed that this petitioner has committed the murder. He has therefore sought to dismiss the petition. 6. According to the prosecution on 13.10.2021 at about 2.20 p.m., both the accused picked up quarrel with the deceased Irappa Balu Shingade and the petitioner herein stabbed him with a sharp edged weapon on his chest, neck and abdomen, while accused No.1 held him tightly. Further, when CW.10 - Chandrakantha Suresh Singade came in rescue of the deceased, he was also stabbed by the petitioner. CW.10 has been examined as PW.5 before the trial Court. 7. Learned High Court Government Pleader has contended that the witnesses have categorically deposed that this petitioner has stabbed the deceased. Both the learned counsel have relied on the evidence of the - 5 - NC: 2025:KHC-D:810 CRL.P No. 103479 of 2024 prosecution witnesses now examined before the trial Court. 8. This Court while considering this petition seeking bail, cannot appreciate the evidence adduced before the trial Court. Any observations made may prejudice the case of both the parties. Admittedly, the trial is in progress. 28 witnesses are already examined by the trial Court. This Court has dismissed the prayer of the petitioner considering the nature and gravity of the offence and the material placed on record. At this stage, the grounds urged by the learned counsel for petitioner cannot be accepted to enlarge the petitioner on bail. Petition is accordingly dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 19 Sl No.: 1