- 1 - HC-KAR NC: 2026:KHC-D:1474 CRL.P No. 100033 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100033 OF 2026 (439(CR.PC)/483(BNSS)) BETWEEN: IRFAN S/O BUDEN SAB AGE. 36 YEARS, OCC. DRIVER R/O. NIMBALGERE VILLAGE, TQ. KOTTUR, DIST. VIJAYANAGARA-583124. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HOSAHALLI P.S.VIJAYANAGARA) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO. 58/2024 REGISTERED IN HOSAHAALI POLICE STATION BALLARI, FOR THE OFFENCE U/SEC. 302, 341, 504, 506, 34 OF IPC PENDING TRAIL OF THE CASE BEFORE III ADDL. DIST AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.04 12:57:35 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1474 CRL.P No. 100033 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. B. Anwar Basha, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent-State. 2. Petitioner is charge sheeted for the offences punishable under Sections 341, 504, 506 and 302 read with Section 34 of the Indian Penal Code, 1860. 3. The eyewitness to the incident, upon examination before the Trial Court, has turned hostile to the prosecution case. Despite detailed cross examination and confrontation with his statement recorded by the Investigation Officer, no useful material supporting the prosecution case could be elicited. Thus, the prosecution case has not been advanced in any manner. The other material evidence on record is merely corroborative in nature. - 3 - HC-KAR NC: 2026:KHC-D:1474 CRL.P No. 100033 of 2026 4. Taking note of the fact that the accused is in judicial custody on and from 31.03.2024, continuation of the petitioner/accused in judicial custody is no longer warranted. 5. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 6. Accordingly, the following: ORDER (i) The petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Trial Court. (iii) Petitioner shall attend the Court regularly. (iv) Petitioner shall not tamper the prosecution witnesses in any manner. - 4 - HC-KAR NC: 2026:KHC-D:1474 CRL.P No. 100033 of 2026 (v) Petitioner shall not leave the jurisdiction of Vijayanagara 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.: 13