- 1 - HC-KAR NC: 2026:KHC-D:1373 CRL.P No. 105311 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105311 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. KANNAIAH S/O RAJARAM AGE 19 YEARS, OCC LABORER, 2. VIKAS S/O VINAYA RAI AGE 23 YEARS, OCC. LABORER, BOTH ARE R/O. NEAR DRDO KODALU VILLAGE, SANDUR TALUK, BALLARI DIST 583119. …PETITIONERS (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH THORANGAKLLU P S BALLARI) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD 580001. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 483 OF BNSS (U/S 439 OF CR.P.C.), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.3 AND 4 ON BAIL IN SC NO.38/2025 IN CONNECTION WITH CR.NO.32/2025 REGISTERED IN THORANAGALLU POLICE STATION BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 352, 109, 103(1) OF BNS, PENDING TRAIL OF THE CASE BEFORE I ST ADDITIONAL DISTRICT AND SESSIONS JUDGE BALLARI. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 12:39:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1373 CRL.P No. 105311 of 2025 THIS 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. Anwar Basha, learned counsel for the petitioners and Sri. P.N. Hatti, learned High Court Government Pleader for respondent-State. 2. This petition is filed under Section 483 Bharatiya Nyaya Suraksha Sanhita, 2023 with the following prayer: “Wherefore, the petitioners most humbly prays that this Hon’ble Court be pleased to allow this petition and enlarge the petitioners/accused Nos.3 and 4 on bail in S.C.No.38/2025 in connection with Cr.No.32/2025 registered in Thoranagallu Police Station Ballari, for the offences punishable U/S 352, 109, 103(1) of BNS pending trail of the case before I Addl. Dist. and Sessions Judge, Ballari in the interest of justice.” 3. Facts in nutshell which are utmost necessary for disposal of the petition are as under: - 3 - HC-KAR NC: 2026:KHC-D:1373 CRL.P No. 105311 of 2025 3.1. Accused has been tried for the offences punishable under Sections 103(1), 109 and 352 of Bharatiya Nyaya Sanhita, 2023, in S.C. No.38/2025. 3.2. Earlier bail request of the accused was rejected. Later on, he has approached this Court with a successive bail request. 4. The changed circumstance according to the learned counsel for petitioner is, four of the eyewitnesses have turned hostile to the case of the prosecution and other four witnesses are dropped by the prosecution without examining them. 5. Same is not disputed by the learned High Court Government Pleader for respondent-State. 6. Taking note of the same, in the absence of any substantive evidence placed on record, continuation of judicial custody of the petitioner is no longer warranted. 7. Other apprehensions of the prosecution can be met with by imposing conditions. 8. Accordingly, the following: - 4 - HC-KAR NC: 2026:KHC-D:1373 CRL.P No. 105311 of 2025 ORDER (i) The petition is allowed. (ii) Petitioner is ordered to be enlarged on bail on executing a bond in a sum of Rs.50,000/- with two sureties 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. (v) Petitioner shall not leave the jurisdiction of Ballari 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.: 15