- 1 - HC-KAR NC: 2025:KHC-D:14055 CRL.P No. 103290 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103290 OF 2025 BETWEEN: MAHESH S/O DUNDAPPA METI AGE : 25 YEARS, OCCUP: COOLIE, R/O RAMLINGESHWAR NAGAR, GOKUL ROAD, HUBBALLI, PIN CODE-580 030 …PETITIONER (BY SRI VASANT GANGADHAR HOLEYANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, P.I. OLD HUBBALLI POLICE STATION, HUBBALLI, PIN CODE -580024 …RESPONDENT (BY SMT.GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (1)( b) OF CR.P.C (483 (1)(B) OF BNSS), PRAYING TO MODIFY/RELAX/SET ASIDE THE CONDITION NO II IN CRIMINAL PETITION NO.101617/2025 DATED 28.04.2025 AND CONTINUE THE ORDER OF BAIL GRANTED EARLIER AND RELEASE THE PETITIONER/ACCUSED ON BAIL IN HUBLI POLICE STATION CRIME NO.212/2024 I.E. NOW IN SESSIONS CASE NO.5007/2025 FOR THE OFFENCE UNDER SECTION 109, 118(1), 121(1), 132 OF BNS, 2023, PENDING BEFORE THE VTH Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14055 CRL.P No. 103290 of 2025 ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Holeyannavar Vasanth Gangadhar, learned counsel for the petitioner and Smt. Girja Hiremath, learned High Court Government Pleader for the respondent. 2. Petitioner is seeking relaxation of condition No.2 in the order dated 28.04.2025 on the ground that even though the petitioner is having the benefit of the bail, he could not comply the condition No.2 and still continues to be in the Judicial custody. 3. Condition No.2 of the order dated 28.04.2025 reads as under: “The petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties of which one surety is cash - 3 - HC-KAR NC: 2025:KHC-D:14055 CRL.P No. 103290 of 2025 surety for the likesum to the satisfaction of the learned Trial Judge.” 4. Smt. Girija Hiremath, learned High Court Government Pleader on the contrary opposes the relaxation of condition No.2 by contending that the allegation against the petitioner is serious in nature inasmuch as while the petitioner was taken to the spot for conducting the spot inspection in respect of the crime involved in the case, he has manhandled the police and tried to escape away from the clutches of the police. Therefore, there is every possibility of petitioner fleeing away from justice, if condition is relaxed. 5. Taking note of the fact that even though the petitioner has benefit of bail order, only on account of poverty, he could not release from the judicial custody. 6. Taking note of the said precarious financial condition of the petitioner and his family and also the need of the prosecution in securing the presence of the petitioner for the trial, if the condition No.2 is modified by directing the petitioner to execute a bond for Rs.1,00,000/- and cash surety to the - 4 - HC-KAR NC: 2025:KHC-D:14055 CRL.P No. 103290 of 2025 extent of Rs.50,000/- instead of Rs.1,00,000/- ends of justice would be met. 7. Accordingly, the following: ORDER (i) Criminal Petition is allowed. (ii) Condition No.2 is modified in the order dated 28.04.2025 to the above extent. Sd/- (V.SRISHANANDA) JUDGE MR