- 1 - HC-KAR NC: 2026:KHC-D:1567 CRL.P No. 100003 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100003 OF 2026 (439(CR.PC)/483(BNSS)) BETWEEN: MALLIKASAB S/O HASANASAB KILLEDAR AGE. 55 YEARS, OCC. COOLIE, R/AT: KANAVI, TQ. GADAG, DIST. GADAG 581208. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, MULAGUND POLICE STATION GADAG R/BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD 580011. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023, RAYING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL WHICH IS IN S.C.NO. 28/2025 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT GADAG ARISING IN MULAGUND POLICE CRIME NO. 67/2024 FOR THE OFFENCE P/U/SEC. 103(1) OF BNS 2023, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.05 11:42:30 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1567 CRL.P No. 100003 of 2026 THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Gourishankar Mot, learned counsel for the petitioner and Sri. P.N. Hatti, learned High Court Government Pleader for respondent-State. 2. Petitioner is the accused in S.C.No.28/2025 charged with the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, filed this petition under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023 with the following prayer: “Wherefore, the Petitioner/Accused most humbly prays that this Hon’ble Court be pleased to ENLARGE the Petitioner/Accused on Regular bail which is in S.C. No.28/2025 pending on the file of Hon’ble Principal District & Sessions Judge, Gadag arising in Mulagund police Crime No.67/2024 for the offence punishable 103(1) of BNSS 2023, in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC-D:1567 CRL.P No. 100003 of 2026 3. On receipt of the charge sheet, accused/petitioner pleaded not guilty. Therefore, trial is held. 4. According to the prosecution, CW6 and CW7 are the eyewitnesses to the incident who have been examined before the Trial Court as PW5 and PW6. Both of them have turned hostile to the case of the prosecution. 5. Accused is in judicial custody on and from 16.11.2024. Incident said to have occurred on 15.11.2024. Other witnesses are to be examined and charge sheet shows that there are 37 witnesses. 6. Since the eyewitnesses have turned hostile to the case of the prosecution, continuation of the accused in judicial custody is no longer warranted. 7. Petitioner is not having any criminal antecedents either. 8. Taking note of these aspects of the matter, this Court is of the considered opinion that petitioner can be enlarged on bail. - 4 - HC-KAR NC: 2026:KHC-D:1567 CRL.P No. 100003 of 2026 9. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 10. Accordingly, the following: ORDER (i) The petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing personal bond in a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the Trial Court. (iii) Petitioner shall co-operate with the trial in all respect. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall not tamper the remaining prosecution witnesses in any manner. - 5 - HC-KAR NC: 2026:KHC-D:1567 CRL.P No. 100003 of 2026 (vi) Petitioner shall not leave the jurisdiction of Gadag District without prior permission. Violation of any one of these conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 11