- 1 - NC: 2025:KHC:4310 CRL.P No. 1340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1340 OF 2025 (439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)) BETWEEN: SHIVAKUMAR, S/O. VEERESH, AGED ABOUT 26 YEARS, ENGINEER, R/AT BANK COLONY, NEAR VENKATARAMASWAMY TEMPLE, TURUVANURU ROAD, CHITRADURGA TOWN AND DISTRICT - 577 517. …PETITIONER (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA WOMEN POLICE, CHITRADURGA DISTRICT, REPRESENTED BY S.P.P., HIGH COURT, BENGALURU - 560 001. 2. RAJAPPA. S S/O. LATE SIDDAPPA, AGED ABOUT 51 YEARS, NEAR AKASHWANI, C.K. PURA, CHITRADURGA - 577 517. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4310 CRL.P No. 1340 of 2025 THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO ALLOW THIS PETITION AND RELAX THE CONDITION NO.1 IMPOSED IN CRL.MISC.NO.333/2023 DATED 18.04.2023 ON THE FILE OF SPECIAL II ADDL. DIST. AND SESSIONS JUDGE, CHITRADURGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has preferred this petition praying to relax condition No.(1) imposed by the learned Sessions Judge, while he was enlarged on bail. 2. Charge sheet is filed against the petitioner for the offence punishable under Section 341, 506, 504, 380, 386, 420, 454 and 457 of IPC and Section 12 of the POCSO Act, 2012. 3. Initially, case was registered in Crime No.16/2023 of Chitradurga Extension Police Station, later - 3 - NC: 2025:KHC:4310 CRL.P No. 1340 of 2025 transferred and registered as Crime No.23/2023 at Chitradurga Women Police Station. 4. The learned Sessions Judge vide order dated 18.04.2023 in Crl.Misc.No.333/2023 was pleased to enlarge the petitioner on bail by imposing certain conditions. The petitioner is seeking to relax condition No.(1) insofar as directing him not to leave the address till the disposal of the case without prior permission of the Court. 5. The prayer for relaxation of condition has been dismissed by the learned session Judge vide order dated 05.07.2023 in Crl.Misc.No.696/2023, observing that the petitioner has not furnished the latest address proof document before the Trial Court and in case he intends to change the said address, he has to take prior permission of the said Court. 6. Learned counsel for petitioner submits that in this case victim is already examined and petitioner will appear - 4 - NC: 2025:KHC:4310 CRL.P No. 1340 of 2025 before the Trial Court on every date of hearing without fail. 7. Petitioner is a permanent resident of Chitradurga Town. There is no allegation of misusing the liberty granted to him. He has undertaken to appear before the Trial Court on every date of hearing. If there is violation of any of the conditions, it is always open for the prosecution to seek cancellation of the bail. The prayer of petitioner can be granted by directing him to appear before the Trial Court on every date of hearing. Hence, the following:- ORDER i) Petition is allowed. ii) Condition imposed by the learned Sessions Judge in Crl.Misc.No.333/2023 vide order dated 18.04.2023, directing the petitioner not to leave the address till the disposal of the case without prior - 5 - NC: 2025:KHC:4310 CRL.P No. 1340 of 2025 permission of the Court is hereby relaxed and modified as under. iii) Petitioner shall appear before the Trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 8 CT: BHK