Karnataka High Court
Dr Santosh.G.S S/O. Shivananadappa S.G vs The State Of Karnataka on 16 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12103
CRL.P No. 103288 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103288 OF 2025
(439(CR.PC)/483(BNSS))
BETWEEN:
DR. SANTOSH G.S. S/O. SHIVANANDAPPA S.G.
AGE. 40 YEARS, OCC. DOCTOR (DENTIST),
R/O. C/O. S.G. SHIVANANDAPPA,
DOOR NO. 1636/2017, 16TH CROSS,
SIDDESH VIHAR, TARALABALU BADAVANE,
DIST. DAVANGERE, PIN CODE-577 002.
... PETITIONER
(BY SRI. VASANT G. HOLEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPT. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally
signed by
RAKESH S
DHARWAD, THROUGH PI HUBLI,
RAKESH HARIHAR
S Location:
HIGH COURT
HARIHAR OF
VIDYANAGAR POLICE STATION, HUBLI.
KARNATAKA
DHARWAD
BENCH
... RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO RELEASE OF
THE PETITIONER/ACCUSED ON REGULAR BAIL IN HUBLI
VIDYANAGAR POLICE STATION CRIME NO.121/2020 NOW I.E.,
SESSIONS CASE NO.33/2021 FOR THE OFFENCES UNDER SECTIONS
302, 307, 326 OF IPC WHICH IS NOW PENDING ON THE FILE OF IST
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING
AT: HUBBALLI.
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NC: 2025:KHC-D:12103
CRL.P No. 103288 of 2025
HC-KAR
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS
MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in S.C. No.33 of 2021 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.121 of 2020 registered by Vidyanagar Police Station, Hubballi Dharwad, for offences punishable under Sections 302, 307, 326 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. read with Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in the present case was registered in Crime No.121 of 2020 by Vidyanagar Police Station, Hubballi Dharwad, for the aforesaid offences against the petitioner hereinafter, based on the first information dated 24.10.2020 received from Annapurna (CW1), daughter of deceased Shankrappa.
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NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR
4. During the course of investigation, petitioner was arrested on 24.10.2020 and remanded to judicial custody. His bail application filed before the Trial Court was rejected. Therefore, he had approached this Court in Criminal Petition No.103053 of 2022, which was rejected on merits on 08.11.2022. Subsequently petitioner had filed a fresh bail application before this Court in Criminal Petition No.101269 of 2024, which was dismissed as withdrawn on 22.04.2024, with liberty to the petitioner to file a fresh petition before the Trial Court on health grounds. Thereafter, the petitioner had filed a fresh bail application before the Trial Court in S.C. No.33 of 2021, which was rejected on 27.09.2024. It is under these circumstances, he is before this Court in this successive bail application.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a qualified doctor and the incident in question that had taken place after he had faced serious domestic problems. He has no criminal antecedent and he is in -4- NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR custody for the last nearly five years. Out of the 54 charge sheet witnesses cited in the present case, till date only nine witnesses have been examined as PW1 to PW9. All the material charge sheet witnesses, including the injured eye witnesses have been examined in the present case as on today. Petitioner is suffering from serious health problems and in the year 2022 itself he was diagnosed as suffering from cervical spondylitis and doctors have advised him to take treatment for the same. He accordingly prays to allow the petition.
6. Per contra, learned HCGP, who has opposed the petition, submits that petitioner had made all kind of preparations for the purpose of committing the murder of deceased and other injured persons in the present case. It is under these circumstances, his bail application was dismissed on merits earlier. There is no change in circumstance to entertain this successive bail application. All the material charge sheet witnesses, who have been examined in the present case, have supported the case of -5- NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR the prosecution. She submits that efforts shall be made to examine the remaining charge sheet witnesses at the earliest. Accordingly, she prays to dismiss the petition.
7. Material on record would go to show that relationship between the petitioner and his wife Smt. Lata (CW17) was strained after sometime from the date of their marriage and as a result, CW17 had left her matrimonial house along with her minor child and had taken shelter in her parents' house at Hubballi. Petitioner, therefore had initiated proceedings before the Jurisdictional Court seeking custody of his minor son, but had failed to get any relief in the said proceedings. It is in this background on 22.10.2020, petitioner, who is a practicing doctor at Davanagere, came to Hubballi and had stayed in a lodge and on 23.10.2020, he had purchased weapons and acid for the purpose of committing the crime and thereafter, on 24.10.2020 had gone near his in-laws house. -6-
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8. At about 06:30 p.m. on 24.10.2020, when deceased Shankarappa, who was the father-in-law of the petitioner, opened the door of his house, the petitioner barged into the house and assaulted Shankarappa on his neck with the knife which he had brought and as a result, Shankarappa, who suffered grievous injuries on his neck, fell down and died. When CW16, who is the mother-in-law of the petitioner and CW17, wife of the petitioner tried to intervene and rescue Shankarappa, petitioner also allegedly assaulted them and caused grievous injuries. It is under these circumstances, FIR was registered against the petitioner in Crime No.121 of 2020 by Vidyanagar Police Station, Hubballi for the aforesaid offences.
9. During the course of investigation, petitioner was arrested on 24.10.2020 and remanded to judicial custody. Petitioner's bail application filed before this Court in Criminal Petition No.103053 of 2022 was dismissed on merits by this Court on 08.11.2022. CW1 and CW16 to CW19 are the alleged eyewitnesses to the incident in -7- NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR question. CW16 and CW17 are the injured eyewitnesses. CW1 has been examined in the present case as PW1 and CW16 and CW17 have been examined as PW6 and PW2 respectively. CW19 has been examined as PW2. CW18 who is the other alleged eyewitness in the present case is the minor son of CW17, who was aged about five years, as on the date of incident. Except CW18, all the other eyewitnesses have been examined in the present case, as on this day. In addition to the same, the prosecution has examined the other material charge sheet witnesses also as on this day. Out of the 54 charge sheet witnesses cited in the present case, till date 9 charge sheet witnesses including the alleged eyewitnesses have been examined as CW1 to CW9 by the prosecution. The material on record would go to show that the trial in the case has commenced on 12.03.2021 and for the last more than four years, the prosecution has examined only 9 witnesses before trial Court. Therefore, the chances of the trial being completed -8- NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR and the case being disposed of on merits in the near soon is very remote.
10. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SAIKH Vs. STATE OF MAHARASHTRA AND ANOTHER1 in paragraph No.17 has observed as follows:
"17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime."
11. Though, learned HCGP has submitted before this Court that all the material charge sheet witnesses have supported the case of the prosecution and therefore, the petitioner cannot be released on bail, this Court at this stage cannot appreciate the deposition of the witnesses and 1 (2024) 9 SCC 813 -9- NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR record any finding. However, the fact remains that all the material charge sheet witnesses including the alleged eyewitnesses except CW18 have been examined in the present case as on this day and therefore, there cannot be any apprehension that the petitioner is likely to tamper with the material charge sheet witnesses, in the event he is enlarged on bail.
12. Perusal of the material on record would go to show that, the petitioner aged about 40 years, who is a qualified Doctor, was diagnosed as suffering from cervical spondylitis when he was medically examined in KMC-RI, Hubballi in the month of June -2022. Though, he is being treated in the jail hospital for his medical ailment, it appears that he is being admitted in hospitals every now and then for treatment. His MRI study reveals that he has lumbar spondylitis and cervical spondylitis and therefore, the Doctors have advised surgery for the same. The Medical Officer of Central Prison, who has forwarded the medical records of the petitioner, having stated the aforesaid in his
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NC: 2025:KHC-D:12103 CRL.P No. 103288 of 2025 HC-KAR medical report, has further stated that the petitioner is suffering from back pain and neck pain and he requires further investigation and treatment.
13. Considering the period of petitioner's incarceration, the stage of the case and also the health condition of the petitioner, I am of the opinion that his prayer for grant of a regular bail needs to be answered affirmatively. Accordingly, the following:
ORDER The Criminal Petition is allowed. The petitioner - accused is directed to be enlarged on bail in S.C. No.33 of 2021 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.121 of 2020 registered by Vidyanagar Police Station, Hubballi Dharwad, for offences punishable under Sections 302, 307, 326 of IPC, subject to the following conditions:
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(i) The petitioner - accused shall execute personal bond for a sum of Rs.1,00,000/-
with two sureties for the like sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
(iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
(iv) The petitioner shall not involve in similar offences in future.
(v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE RSH & VNP / CT: BCK LIST NO.: 1 SL NO.: 20