- 1 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104483 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: CHANDRASHEKHAR @ CHANDRU MUDALINGANNAVAR S/O. MADIVALAPPA MUDALINGANNAVAR, AGE. 32 YEARS, OCC. AGRICULTURE, RESIDENT OF HOSAMANI ONI, RAYANAL VILLAGE, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE-580 029. …PETITIONER (BY SRI. SANDESH J.CHOUTA, SR. COUNSEL FOR SRI. AVINASH M.ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH OLD HUBBALLI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT; SRI. SURESH M.SHETTEMMANAVAR, ADVOCATE FOR COMPLAINANT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.07 ON REGULAR BAIL IN SC NO.5038/2023 PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI ARISING OUT OF CRIME NO.0110/2022 REGISTERED BY THE RESPONDENT OLD HUBBALLI POLICE STATION, HUBBALLI FOR THE OFFENCES PUNISHABLE 120(B), 114, 143, 147, 148, 341, 302, 109, 201 R/W 149 OF IPC AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.110/2022 of respondent/Police for the offence under Sections 109, 114, 143, 147, 148, 149, 120(B), 341 and 302 r/w. Section 149 of Indian Penal Code, 18601. Brief facts of the case; 2. The present petitioner is arrayed as accused No.7 filed this successive bail petition for relief of bail contending inter alia that, the Trial Court has not complied the mandate of this Court dated 06.08.2024. 3. The case of the prosecution is that, one Sanjay S/o Shivaji Patadari of Gangivala village has filed a complaint stating that about one and half years ago, his brother Deepak Patadari was elected as a member of 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 Gangivala Grama Panchayath. His elder brother by name Deepak Patadari was carrying on good work to his village, his brother Deepak had love affair with one girl of Meti family and had married her sometime back. About 15 days prior to filing of the complaint, no confidence resolution was moved against the President and Vice President of Rayanal Grama Panchayath. When his brother Deepak Patadari (deceased) was in his house, one Basavaraj Maradagi (accused No.8) of Rayanal village came along with complainant on complainant's motorcycle to his village and he has introduced Basavaraj Maradagi to his elder brother i.e., Deepak Patidar and went inside his house. It is further stated that on 04.07.2022 till 10.00 p.m., complainant's brother Deepak and Basavaraj Maradagi were sitting in his house discussing regarding Panchayath office and at about 10.15 p.m., the Basavaraj requested his brother that he wants to go back to his village Rayanal and he has no motorcycle and hence, requested complainant's brother to drop him to his village Rayanal, for which his brother - 4 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 agreed and went on his bullet motorcycle along with Basavaraj Maradagi to drop him to his village. It is further stated that in night at about 10.30 p.m., when complainant was at his home, his brother's friends Paramananda Shyamgundi and Rudrappa Shettenagouda telephoned him and told that all the petitioners and other persons have assaulted his brother Deepak Patadari with sword and knife and asked him to come urgently. Immediately, when complainant and his friend Arun Balad reached Rayanal village, Paramananda Shyamgundi and Gurunath Chandaragi had taken the injured to KIMS Hospital, Hubballi and admitted him in KIMS hospital, Hubballi on 04.07.2022 at about 11.30 p.m., for treatment. The complainant enquired the doctor, who told that he is not in condition to speak and his brother thereafter succumbed to the injuries on 05.07.2022 at about 02.40 a.m. Thereafter, the complainant enquiring with the elders went to the police station and lodged the complaint. The said complaint came to be registered in Crime No.110/2022 of Old Hubballi Police - 5 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 Station for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC. 4. Heard Sri.Sandesh J. Chouta, learned Senior counsel appearing for Sri. Avinash M. Angadi, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State is assisted by learned counsel Sri.Suresh Shettemmanavar. 5. The submission of the learned counsel for the petitioner is that, this Court vide its order dated 06.08.2024 directed the Trial Court to expediate the trial and should complete the trial within one year from the date of receipt of the order. However, till today, the trial has not been concluded, several witnesses have to be examined. The petitioner is in Judicial Custody since 06.07.2022. Therefore, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, the learned Senior counsel prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that the - 6 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 petitioner and other accused are deliberately delaying the trial. Almost all the witnesses have been examined. Only some of the witnesses are yet to be examined. The Trial Court certainly speedup the trial and conclude it at the earliest. 7. It is further submitted that, merely because the direction of this Court has not been complied to conclude the trial, is not a ground to grant the relief of bail. Making such submissions, the learned High Court Government Pleader for respondent/State prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears from the record that, the petitioner is arrayed as accused No.7. Initially, the names of the six accused have been mentioned in the FIR and name of the present petitioner is not stated in the said complaint. However, he has been arrayed as one of the accused in the charge-sheet. - 7 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 9. Having considered the facts and circumstances of the case and also noticed that, the trial had not been completed within a period as stipulated by this Court, it is appropriate to grant him bail by imposing suitable conditions. 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.110/2022 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall mark his attendance before the respondent/Police till - 8 - HC-KAR NC: 2025:KHC-D:17739 CRL.P No. 104483 of 2025 disposal of the case once in a 15 days especially on Saturday. (c) The petitioner shall appear before the Trial Court on all hearing dates without fail. (d) The petitioner shall not involve in any criminal case till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 41