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NC: 2025:KHC-D:6294 CRL.P No. 101327 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.101327 OF 2025 (439(1)(B)(CR.PC)/483(1)(B)(BNSS))
BETWEEN:
SRI. BASAVARAJ GIRENNAVAR S/O. SRI. RUDRAPPA AGED ABOUT 45 YEARS, R/A. B 904, SRIRAM SAHANA APARTMENTS, DODDABALLAPURA MAIN ROAD, YELAHANKA, BENGALURU-560064. …PETITIONER (BY SRI. SHRINATH KULKARNI, ADVOCATE)
AND:
STATE OF KARNATAKA BY DHARWAD SUB-URBAN POLICE STATION, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(B) OF CR.P.C. (UNDER SECTION 483 (1)(B) OF BNSS), SEEKING TO RELAX THE CONDITION NO.5 IN ITS ENTIRETY, AS IMPOSED ON PETITIONER/ACCUSED NO.1 BY THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN CRL.
MISC NO. 512/2014 VIDE ORDER DATED 18.09.2014, PRODUCED AT ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:11 +0530
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NC: 2025:KHC-D:6294 CRL.P No. 101327 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Office objection is overruled.
2. Heard Sri Srinath Kulkarni, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent on merits.
3. Petition is filed under Section 439(1)(b) of Cr.P.C. with the following prayer:
“To Relax the Condition No.5 in its entirety, as imposed on petitioner/accused No.1 by the Court of the Principal District and Sessions Judge, Dharwad in Crl. Misc No. 512/2014 vide Order dated 18.09.2014, produced at Annexure-B.”
4. Accused are enjoying the order of grant of bail in Crl.Misc.No.512/2014 which was modified earlier by this Court in Crl.P.No.101670/2014. Again the petitioner has come up with the prayer for relaxation of condition No.5.
5. Having seen the order passed by the learned Principal Sessions Judge, Dharwad in Crl.Misc.
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NC: 2025:KHC-D:6294 CRL.P No. 101327 of 2025
No.512/2014 and on perusal of the order passed by the Coordinate Bench of this Court in Crl.P.No.101670/2014, this Court does not find any good grounds to relax condition No.5.
6. Accordingly, petition is rejected.
Sd/- (V.SRISHANANDA) JUDGE
NAA CT:PA LIST NO.: 1 SL NO.: 11