- 1 - HC-KAR NC: 2025:KHC-D:11777 CRL.P No. 102975 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. 102975 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: IRFAN T. S/O BUDEN SAB, AGE. 36 YEARS, OCC. DRIVER, R/O. NIMBALGERE VILLAGE, TQ. KOTTUR, DIST. VIJAYANAGARA-583 124. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HOSAHALLI P.S. BALLARI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. … 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 ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CR.NO.58/2024 REGISTERED IN HOSAHALLI POLICE STATION BALLARI, FOR THE OFFENCES UNDER SECTIONS 302, 341, 504, 506 R/W 34 OF IPC, PENDING TRAIL OF THE CASE BEFORE IIIRD ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, SITTING AT HOSAPETE, 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:11777 CRL.P No. 102975 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned Counsel for the petitioner after arguing the matter for sometime, submits that petitioner who has no criminal antecedents is in custody in the present case from 31.03.2024. Accused no.2 was granted regular bail by the coordinate bench of this Court in Crl.P.No.103817/2024 disposed of on 03.02.2025. CW-1 is the sole eye-witness to the incident in question. Therefore, this petition may be dismissed with liberty to the petitioner to file a fresh bail petition after examination of CW-1 is completed before the Trial Court. He submits that since the petitioner is in custody for the last more than one year, the Trial Court may be directed to expedite the trial and examine CW-1 before the Trial Court within a time frame. 2. Learned HCGP has not seriously opposed the prayer made by the learned Counsel for the petitioner. 3. The submissions made by both sides are placed on record. Petition is dismissed as not pressed with liberty as prayed for. - 3 - HC-KAR NC: 2025:KHC-D:11777 CRL.P No. 102975 of 2025 4. Considering the fact that petitioner who has no criminal antecedents is in custody for the last one year, the Trial Court is directed to expedite the trial in the present case and the Trial Court as well as the prosecution shall make endeavours to examine CW-1, as expeditiously as possible. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 21