- 1 - HC-KAR NC: 2026:KHC-D:2078 CRL.P No. 103396 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103396 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHANKAR @ SHIVSHANKAR S/O MALLIKARJUN KATHI AGE 38 YEARS OCC. AGRICULTURIST, R/O. TORANGATTI TA RAMADUNG. DIST BELAGAVI 591124, …PETITIONER (BY SRI. L.S. SULLAD,ADVOCATE) AND: STATE OF KARNATAKA PI KATAKOL PS BELAGAVI DIST. BELAGAVI , R/BY HGP DHARWAD BENCH, DHARWAD 580011. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, 2023, SEEKING TO GRANT A REGULAR BAIL PETITION FILED BY THE PETITIONER/ACCUSED NO.1 IN KATOKAL PS CRIME NO. 112/2024 U/SEC. 103(1), 133, 352 R/W 3(5) OF BNS 2023, SC NO.45/2025 ON THE FILE OF X ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:2078 CRL.P No. 103396 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Memo with copy of the deposition of the remaining eyewitnesses is filed. 2. Heard. Sri. L. S. Sullad, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent-State. 3. Petition under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023, with following prayer: “Wherefore, it is respectfully prayed that the Hon’ble Court please to grant a regular bail petition filed by the Petitioner/Accused No.1 in Katokal PS Crime No.112/2024 U/Sec.103(1), 133, 352 R/w. 3(5) BNS, 2023, SC No.45/2025 on the file of X Addl. Dist. & Sessions Judge, Belagavi, in the interest of justice and equity. Any other relief this Court may deems fit & necessary in the interest of justice.” 4. Petitioner is the accused No.1, who has been charge sheeted for the offences punishable under Sections 103(1), 133 and 352 read with Section 3(5) of Bharatiya - 3 - HC-KAR NC: 2026:KHC-D:2078 CRL.P No. 103396 of 2025 Nyaya Sanhita, 2023, in Crime No.112/2024 of Katakol Police Station. 5. Case of the prosecution is based on the eyewitnesses testimony. 6. Material on record shows that all the eyewitnesses have turned hostile to the case of the prosecution and as such, there is no substantial evidence on record. 7. Despite the best efforts of the prosecution to elicit favorable material by treating the eyewitnesses as hostile and cross-examining them by confronting their statements given before the Investigation Officer, no useful materials were elicited in such cross examination of prosecution witnesses. 8. As such, continuation of the accused in judicial custody is no longer warranted. 9. The other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 10. Accordingly, the following: - 4 - HC-KAR NC: 2026:KHC-D:2078 CRL.P No. 103396 of 2025 ORDER (i) The petition is allowed. (ii) Petitioner is directed to be enlarged on bail by 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 not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the court regularly. (v) Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE SMM/ Ct-cmu LIST NO.: 1 SL NO.: 26