Kumaraswamy, J

This Criminal Petition is filed under Section 439 of Code of Criminal Procedure by the Learned Counsel for the petitioner praying that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Sessions Case No. 5212007 pending on the file of the Fast Track Court and IInd Additional Sessions Judge, Belgaum.

2. The case of the petitioner is as under:

The petitioner was arrested in Crime No.293/2006 of Chikodi

Police Station for the offence punishable under Section 307,506 of Indian Penal Code read with Section 25 of the Indian Arms Act. He has been in judicial custody for more than 21 months without trial, for no fault of him. After investigation of the case, the Police have laid the charge-sheet against the petitioner and 2 others for the offence punishable under Section 452,307,506 of Indian Penal Code and Section 3,5 read with Sections 25 and 27 of the Indian Arms Act. After the charge sheet is filed, case is committed to Court of Sessions and Sessions Case No. 5212007 was registered and now the case is pending before the Fast Track Court, Belgaum. Petitioner is arrayed as accused No.1 in the said case.

During the pendency of the investigation, petitioner moved for grant of regular bail before the Court of Principal Sessions Judge, Belgaum, vide Crl.Misc.No.570/2006. The said petition was dismissed. Thereafter, petitioner preferred Criminal Petition No. 266/2007 before this Court, at Bangalore, and the said petition was withdrawn with liberty to move a bail petition before the Court of Sessions. Thereafter, the petitioner preferred a regular bail petition before the trial Court along with other accused in S.C.No. 52/2007. The Learned Second Additional Sessions Judge, Belgaum, by its order dated 11.05.2007 has rejected the said bail petition. Thereafter, petitioner moved the Criminal Petition No.1917/2007 before this Court, at Bangalore, for bail and the same was rejected vide order dated 10.07.2007. Thereafter he moved a Special Leave Appeal (Crl.) No. 6693/2007 before the Hon'ble Supreme Court. The same was dismissed on 12.11.2007.

3. It is further stated in the petition that the injured Prabhakar Kore is very influential political person. He is the Chairman of the KLE Society. Till recently - he was M.L.C. and now he is a Rajya Sabha member. At the instance of Prabhakar Kore, the petitioner is being harassed by the Government and the prosecution. The petitioner has been put in Central Prison, Bellary, which is about 300 KMs away from Belgaum. All the under trials in the district of Belgaum have been put in Central Prison, Belgaum. But the petitioner has been put in Bellary Prison on 04.11.2006 with a view to see that the advocates of the petitioner who are from Belgaum should not meet him to get the instructions. The reasons assigned by the Government to put the petitioner in Bellary jail are all false and imaginary. Sri. Prabhakar Kore, used his influence to get the State Public Prosecutor of his own choice appointed in this case. The reason assigned in the said letter of appointment is that the injured person is the sitting MLC and public personality and that the case requires special attention, therefore, the Special Public Prosecutor is appointed.

4. It is further averred in the petition that the petitioner has filed an application under Section 91 of Code of Criminal Procedure on 30.06.2008 for production of documents, which are necessary for adjudication of the Sessions Case. The prosecution has not filed any objections to the said application. There is deliberate delay on the part of the prosecution to proceed with the trial. The petitioner is languishing in Jail for more than 21 months. On most of the dates of hearing, the petitioner has not been produced before the Court.

5. It is further averred that the changed circumstance is delayed trial and in view of the fact that the petitioners detained in Jail without trial for a long period. Petition for bail under Section 439 of Code of Crimina