IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18th DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104054 OF 2025 (482(CR.PC)/528 (BNSS))

BETWEEN:

MR. FAYAZ S/O. BABASAHEB KHONDUNAYAK, AGE. 23 YEARS, OCC. STUDENT, R/O. SAI NAGAR, MUNAVALLI VILLAGE, TAL. SAUNDATTI, DIST. BELAGAVI-591126.

...PETITIONER (BY SRI. Z.M. HATTARKI, ADVOCATE AND SRI. ARZOO M.MULLA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY VIDYANAGAR POLICE STATION, HUBBALLI, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-560001.

2. MRS. GEETA W/O. NIRANJANAYYA HIREMATH, AGE. 43 YEARS, OCC. HOME MAKER, R/O. H.NO.9, BASAV NAGAR, ANCHATGERI LAYOUT, PB ROAD, BIDNAL, HUBBALLI-580028.

RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. RAGHAVENDRA S.MUTTGIKAR, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO, QUASH THE IMPUGNED ORDER ON DEPOSITION OF PW- 1/CW-6 DATED 27/09/2025 BY REJECTING THE OBJECTION RAISED BY THE DEFENCE COUNSEL IN VIDYA NAGAR PS CRIME NO.47/2024 SC NO.5066/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 302, 341, 506 OF IPC PENDING BEFORE THE I^ST ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI CONSEQUENTLY DIRECT THE TRIAL COURT TO CONDUCT THE TRIAL IN PRESENCE OF PETITIONER/ACCUSED AND ETC.,.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 10.11.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, COURT MADE THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH

CAV ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

1. This petition has been filed by the petitioner seeking to quash the impugned order dated 27.09.2025 passed in S.C No.5006/2024 pending on the file of I Additional District and Sessions Judge, Dharwad Sitting at Hubballi for the offences punishable under Sections 302, 341, 506 of the Indian Penal Code (for short ‘IPC’), wherein, the application filed to discard the evidence of P.W.1 has been rejected.

Factual matrix of the case:

2. The case of the prosecution is that one Smt. Geeta Hiremath mother of the deceased Neha lodges a complaint stating that the her daughter deceased Neha, was studying M.C.A 1^st year at BVB College, Hubballi. Thereafter, she joined P.C Jobin College, Hubballi and she was studying final year M.C.A. The accused was happened to be the classmate of the deceased. It is stated that he was having affection towards the deceased and he was insisting her to marry him. It is further stated that four months back from the date of incident, the husband of the informant – Niranjanayya met the accused and informed him that his daughter Neha was not having any affection towards him and he has informed the accused that he should study hard by leaving all those misdeeds. However, the accused was adamant and he was not in a position to mend his ways.

3. It is further stated that the accused was insisting the deceased and was calling her over phone and also he was informing the family members of the deceased to perform the marriage of their daughter with him. It is further stated that, on 18.04.2024 at about 8.00 a.m, the brother of the deceased had dropped the deceased on his motorcycle to her college. It is further stated that, on the same day at about 4.30 p.m., the informant in her car had been to college along with the driver to bring back her daughter and she was waiting in the college campus. The deceased Neha was coming from the college from one gate and the accused came through another gate. It is seen that the accused was talking with Neha. However, after some time, he removed one knife from the bag and started assaulting the deceased Neha with the said knife on her neck, stomach and legs seven to eight times and ran away from the spot.

4. It is further stated that, immediately after the incident, the college staff had taken her in the car and went to the hospital. Immediately, the informant called his son, who was in college and they followed the car