DR SANTOSH G S S/O SHIVANANDAPPA S G v. THE STATE OF KARNATAKA
CRL.P/103917/2025 · 2025-09-23
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38338 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38338 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12919 CRL.P No. 103917 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103917 OF 2025 (439(1)(B)(CR.PC)/483(1)(B)(BNSS))
BETWEEN:
DR. SANTOSH G.S. S/O SHIVANANDAPPA S.G., AGE. 40 YEARS, OCC. DOCTOR, R/O. C/O. S.G. SHIVANANDAPPA, DOOR NO.1636/17, 16TH CROSS, SIDDESH VIHAR, TARALABALU BADAVANE, DIST. DAVANGERE, PIN-577 002. … PETITIONER (BY SRI. VASANT G. HOLEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH PI HUBLI VIDYANAGAR POLICE STATION, HUBBALLI, PIN CODE-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (1)(B) OF CR.P.C. (UNDER SECTION 483(1)(B) OF BNSS, 2023), PRAYING TO MODIFY/RELAX/SET-ASIDE THE CONDITION NO.V IN CRIMINAL PETITION NO.103288/2025 AND CONTINUE THE ORDER OF BAIL GRANTED EARLIER AND RELEASE THE PETITIONER/ACCUSED ON BAIL IN VIDYANAGAR VILLAGE I.E., NOW IN SESSIONS CASE NO.33/2021 FOR THE OFFENCES UNDER SECTIONS 302, 307, 326 PENDING BEFORE THE IST ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT:- HUBBALLI FOR THE OFFENCES UNDER SECTION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER:
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:12919 CRL.P No. 103917 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. This petition under Section 439(1)(b) of BNSS 2023 r/w Section 483(1)(b) of Cr.P.C. is filed with a prayer to relax condition no.(v) imposed by this Court in Criminal Petition No.103288 of 2025 disposed of on 16.09.2025. 2. Heard the learned counsel for the parties. 3. Petitioner was granted regular bail by this Court in Criminal Petition No.103288 of 2015 disposed of on 16.09.2025 in SC No.33 of 2021 pending before the Court of I Additional City Civil and Sessions Judge, Dharwad, sitting at Hubli, 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 certain conditions.
Condition no.(v) imposed by this Court in Criminal Petition No.103288 of 2025 reads as follows: (i)
“The petitioner shall not leave the jurisdiction of the Trial Court without
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HC-KAR NC: 2025:KHC-D:12919 CRL.P No. 103917 of 2025
permission of the said Court until the case registered against him is disposed off.”
4. Seeking relaxation of the aforesaid condition, petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a doctor by profession and is a permanent resident of Davangere and impugned condition is causing untold hardship to him. 6. Per contra, learned HCGP, fairly does not oppose the prayer made in the petition. 7. Considering the submissions made by both sides and also having regard to the grounds urged in support of the prayer made in the petition, I am of the opinion that the prayer made in this petition to relax condition No.(v) imposed by this Court in Criminal Petition No.103288 of 2025 disposed of on 16.09.2025 has to be granted. - 4 -
HC-KAR NC: 2025:KHC-D:12919 CRL.P No. 103917 of 2025
Accordingly, Criminal Petition is allowed. Condition No.(v) imposed by this Court in its order dated 16.09.2025 passed Criminal Petition No.103288 of 2025, stands relaxed. All other conditions remain unaltered. Sd/- (S.VISHWAJITH SHETTY) JUDGE
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