- 1 - NC: 2025:KHC:11741 CRL.P No. 3135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3135 OF 2025 BETWEEN: 1. NITHESH S.Y S/O YOGESH S.M AGED ABOUT 22 YEARS R/O G.M.T. NILAYA 4TH CROSS, BEHIND SUBBAIAH HOSPITAL, HOSAMANE SHIVAMOGGA - 577 201. 2. KARTHIK @ KATTHE KARTHIK S/O RAJU AGED ABOUT 22 YEARS R/O 4TH CROSS, HOSAMANE SHIVAMOGGA - 577 201. 3. DARSHAN.S @ SANNA DASA S/O SHIVANNA AGED ABOUT 19 YEARS R/O 1ST CROSS, KAMAKSHI STREET, SHIVAMOGGA - 577 202. …PETITIONERS (BY SRI RAKSHITH R, ADV.) AND: STATE OF KARNATAKA BY JAYANAGARA PS, SHIVAMOGGA REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHAPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO RELAX CONDITION.NO.3 IMPOSED Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11741 CRL.P No. 3135 of 2025 BY LEARNED PRL DISTRICT AND SESSIONS JUDGE AT SHIVMOGGA IN CRL. MISC.NO. 1407/2023 VIDE ORDER DATED 08.01.2024 AND PERMIT THE PETITIONER TO COMPLY WITH THE CONDITIONS WITHIN ONE WEEK FROM THE DATE OF RECEIPT OF THIS ORDER AND PERMIT THEM TO APPEAR BEFORE I ADDL. SENIOR CIVIL JUDGE AND JMFC AT SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioners are before this Court under section 439(1)(b) of Cr.P.C, with a prayer to relax the condition No.3 imposed by the Court of Principal District & Sessions Judge, Shivamogga in Crl.Misc.No.1407/2023, which was disposed of on 08.01.2024. 2. Heard the learned counsel appearing for the parties. 3. The petitioners herein are arraigned as accused Nos.2 to 4 in Crime No.75/2022 registered by Jayanagara Police Station, Shivamogga District for the offences punishable under Sections 341, 504. 506, 354(B), 323, 307 R/w 34 of IPC. Apprehending arrest - 3 - NC: 2025:KHC:11741 CRL.P No. 3135 of 2025 in the case, the petitioners had filed Crl.Misc.No.1407/2023 which was allowed by the jurisdictional Sessions Court by order dated 08.01.2024 subject to certain conditions. Condition No.3 imposed in Crl.Misc.No.1407/2023 reads as follows: "The petitioners shall apply for the regular bail by appearing before the learned I Additional Civil Judge and JMFC, Shivamogga within 30 days from the date of this order, failing which, he will not having the benefit of this order". 4. The petitioners had thereafter filed Crl.Misc.No.21/2025 before the jurisdictional Sessions Court with a prayer to relax condition No.3 and the same was dismissed on 18.01.2025. Therefore, they are before this Court. 5. The Hon'ble Supreme Court in the case of SUSHILA AGGARWAL AND OTHERS V. STATE (NCT OF - 4 - NC: 2025:KHC:11741 CRL.P No. 3135 of 2025 DELHI) AND ANOTHER - (2020) 5 SCC in paragraph No.91.1 has held as under: "91.1. Regarding Question 1, this Court holds that the protection granted to a person under Section 438 CrPC should not invariably be limited to a fixed period; it should enure in favour of the accused without any restriction on time. Normal conditions under Section 437(3) read with Section 438(2) should be imposed; if there are specific facts or features in regard to any offence, it is open for the court to impose any appropriate condition (including fixed nature of relief, or its being tied to an event), etc." 6. In view of the said judgment, learned Sessions Judge has not justified in imposing condition No.3, while disposing of Crl.Misc.No.1407/2023. Under these circumstances, I am of the opinion that the petitioners are entitled for the prayer made in the petition. 7. Accordingly, the following :- - 5 - NC: 2025:KHC:11741 CRL.P No. 3135 of 2025 ORDER Criminal petition is allowed. Condition No.3 imposed in Crl.Misc.No.1407/2023 by the Court of Principal District & Sessions Judge, Shivamogga vide order dated 08.01.2024 stands relaxed. SD/- (S VISHWAJITH SHETTY) JUDGE NMS