- 1 - NC: 2025:KHC-D:1651 CRL.P No. 103584 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 103584 OF 2024 BETWEEN: VIJAYKUMAR S/O PARAMESHWAR KADAM AGE: 37 YEARS, OCC: FARMER R/O.: GOVANAKOPPA TQ. AND DIST.: DHARWAD -580 112. …PETITIONER (BY SRI MAQBOOLAHAMED M PATIL, ADVOCATE – V.C) AND: THE STATE OF KARNATAKA THROUGH DHARWAD SUB-URBAN PS. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD – 580 011. …RESPONDENT (BY SMT. MALA BHUTE, AGA – V.C) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF Cr.P.C. (483 OF BNSS), SEEKING TO ALLOW THE CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN SC No.78/2022 WHICH IS CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/S 326, 307 OF IPC PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD (DHARWAD SUB-URBAN P.S. CRIME No.148/2022) AND ETC., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1651 CRL.P No. 103584 of 2024 THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR) 1. This petition is filed by the sole accused under Section 439 of Cr.P.C. seeking bail in crime No. 148/2022 of Dharwad Sub-Urban Police Station for offence punishable under Sections 326 and 307 of IPC. 2. The case of the prosecution is that, sister of complainant was living separately due to dispute with her husband. Thereafter, petitioner - accused got acquainted with her with an intention to grab her property, developed intimacy and promised to marry her by divorcing his wife and was living with her. When complainant's sister (injured) demanded the petitioner - accused to marry her legally, the petitioner - accused with an intention to commit murder has assaulted her with Talwar on her neck - 3 - NC: 2025:KHC-D:1651 CRL.P No. 103584 of 2024 and attempted to commit her murder. Thereafter, the complainant took the injured to the hospital for treatment. The said complaint came to be registered in Crime No. 148/2022 of Sub-Urban Police Station, Dharwad for the offence punishable under Section 307 of IPC. The petitioner - accused came to be arrested on 13.07.2022 and he is in judicial custody. The petitioner - accused had filed Criminal Miscellaneous No. 449/2022 seeking bail and the same came to be rejected by the learned III Additional District and Sessions Judge, Dharwad vide order dated 04.08.2022. The petitioner had filed Criminal Petition No. 102399/2022 seeking bail at crime stage and it came to be rejected by this Court by order dated 15.09.2022 giving liberty to the petitioner to file bail application before the Sessions Court after filing the charge-sheet. 3. The petitioner is in judicial custody and therefore, he has filed bail application before the Sessions Court and the same came to be rejected. Therefore, the petitioner is before this Court. - 4 - NC: 2025:KHC-D:1651 CRL.P No. 103584 of 2024 4. Heard learned counsel for petitioner and learned AGA for respondent - State. 5. Learned counsel for petitioner would contend that the petitioner is suffering from kidney stones and there are stones measuring 9 mm in both kidneys and treatment given to the petitioner is not proper and sufficient and he requires special care of family members and treatment at KIMS Hospital, Hubballi. With this, he prayed to allow the petition. 6. Per contra, learned AGA would contend that earlier this Court considering the prima facie case, overt acts alleged against the petitioner and threat to the prosecution witnesses has rejected the bail petition. She further submits that major portion of the prosecution witnesses have already been examined and within a short span of time remaining witnesses will be examined. She further submits that trial is at fag end and if the petitioner is granted bail, he will not be available for trial. With this, she prayed to reject the petition. - 5 - NC: 2025:KHC-D:1651 CRL.P No. 103584 of 2024 7. Having heard learned counsel for the petitioner and learned AGA for respondent – State, this Court has gone through the charge sheet records and earlier orders. 8. This is the fifth successive bail petition filed by the petitioner seeking bail. Earlier the petitioner has been granted bail for a period of 3 months by order dated 02.04.2024 passed in Crl.P. No. 100908/2024. Said bail has been granted for 3 months on the ground that the petitioner is suffering from kidney stones and he is required to undergo laser surgery. Considering the submissions of learned counsel for petitioner and on perusal of the certificate issued by the Medical Officer, Central Prison, Dharwad dated 25.11.2024 indicates that petitioner has not undergone any laser surgery. Perusal of the said certificate indicates that USG revealed multiple Calculi in both kidneys and Cystitis and he needs further investigation and treatment in KIMS Hospital. Petitioner is now lodged in Central Prison, Dharwad and he can be taken to KIMS Hospital, Hubballi, for treatment. As trial is - 6 - NC: 2025:KHC-D:1651 CRL.P No. 103584 of 2024 at the fag end, if the petitioner is granted bail he may abscond and it will affect trail. Considering the said aspect there are no grounds made out for grant of bail. 9. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 19 Sl No.: 2