IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101240 OF 2025 (439(CR.PC)/483(BNSS))

BETWEEN:

KUTBUDDIN S/O. HAJARESAB MULLANAVAR, AGE: 26 YEARS, OCC. COOLIE, R/O. DAYMAVVANA GUDI STREET, BHANDIWAD, DIST. DHARWAD, AADHAR NO.6994 6099 9812 RESIDENT ADDRESS SHOWN IN THE CHARGE SHEET AS R/O. B. ARALIKATTI VILLAGE, TQ. HUBBALLI.

…PETITIONER (BY SRI K.M. SHIRALLI, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY HUBBALLI RURAL POLICE STATION, HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, Digitally signed by HIGH COURT OF KARNATAKA, BENCH DHARWAD.

V N V B A N DIGER B D A at D e I :

GE R …RESPONDENT

2025.03.21

10:38:12 (BY SMT.GIRIJA S. HIREMATH, HCGP)

+0530 THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS

2023, SEEKING TO ORDER THE RELEASE OF THE PETITIONER/ACCUSED NO.2 ON BAIL IN S.C.NO. 5006/2025 PENDING ON THE FILE I ADDL. DISTRICT AND ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI REGISTERED FOR THE OFFENCES P/U/SECTIONS 103, 115(2), 126(2), 352, 3(5) OF BNS, 2023, ARISING OUT OF HUBBALLI RURAL P.S. CRIME NO. 231/2024 REGISTERED FOR THE OFFENCES P/U/SEC. 103, 115(2), 126(2), 352 AND 3(5) OF BNS, 2023.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Statement of objections filed by the learned High Court Government Pleader is taken on record.

After addressing the arguments for considerable length of time, Sri K.M. Shiralli, counsel for the petitioner files a memo.

Memo reads as under:

“The petitioner submits that about the incidents alleged to have been taken place in this case. There are case and counter case. The petitioner has filed for seeking bail in Hubballi Rural PS Crime No. 231/2024. One Shanu s/o Lalsab Paled has field a counter case against Fakruddin Rajesab Mullanavar and No2 Fakruddin Lalsab Mallangnavar. For the offense punishable U/s 109, 3(5), 351(2), 352 registered in Hubli Rural PS Crime No. 232/2024. Wherein Police have filed chargesheet.

The Petitioner submits that the eye witnesses in Cri. No. 231/2024 are CW: 14 Channappagowda, CW 15 Shantappa, CW 16 Fakruddin Mulangnavar. The same witnesses are sited as CW 11, CW 12, CW 8 respectively in Hubli PS Rural Crime No. 232/2024. Although eye witnesses statement are U/s 161 CrPC have been recorded by the same I.O, In the statement given by eye witnesses in Hubli PS Crime No. 232/2024, they have not mentioned any involment of assult by the Petitioner to the decessed in this case. Under the circumstances it is most humbly submits that the petitioner/assused No. 2 intends to file fresh bail application before Hon'ble District and Session Judge Court Dharwad, sitting at Hubli. It is futher prayed that this Hon'ble Court be pleased to dispose of the above petition as not pressed, with liberty to the petitioner to file fresh Bail application as an when required in the interest of justice.”

Placing the memo on record, petition is dismissed as withdrawn with liberty as prayed for.

SD/-

(V.SRISHANANDA)

JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 17