- 1 - HC-KAR NC: 2025:KHC-D:7513 CRL.P No. 101738 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 101738 OF 2025 BETWEEN: K SRINIVASAN S/O. K. THIMMARAYAPPA AGED ABOUT 64 YEARS MAMATHA FARM GADDIGE MAIN ROAD BOGADI, MYSURU – 570 026. …PETITIONER (BY SRI SUBRAMANI M, ADVOCATE) AND: SHEKARE GOWDA H.K. C/O: KODIGOWDA AGE: 61 YEARS OCCUPATION: RETIRED GOVERNMENT HEAD MASTER R/O. No.396, 5TH MAIN, 12TH CROSS NEAR BANK COLONY BOGADI MYSURU – 570 026. ALSO RESIDING AT C/O K. B. MALLAD #G 102 RUKMINI SPLENDOR APARTMENT, NEAR VENKATESHWARA TEMPLE, SARASWATPUR DHARWAD - 580 002. …RESPONDENT (BY SRI CHIGARI RAMESH BASAVARAJ, AGA) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7513 CRL.P No. 101738 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF Cr.P.C. (UNDER SECTION 528 OF BNSS, 2023) SEEKING TO MODIFY CONDITION No.1 IN THE ORDER DATED 11.04.2025 PASSED IN (P.C.R.No. 829/2024) C.C.No. 3171/2024 AND THE SAME IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT DHARWAD, IN SO FAR AS THE PETITIONER /A2 IS CONCERNED AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR) 1. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for the sake of brevity hereinafter referred to as the BNSS) by accused No. 2, praying to modify condition no. 1 imposed in the order dated 11.04.2025 passed in C.C. No. 3171/2024 by the Principal Civil Judge and JMFC, Dharwad. 2. Heard learned counsel for petitioner and learned counsel for respondent. 3. Learned counsel for the petitioner submits that he is ready to comply with condition No. 1 imposed in the order - 3 - HC-KAR NC: 2025:KHC-D:7513 CRL.P No. 101738 of 2025 dated 11.04.2025 passed in C.C. No. 3171/2024. He further submits that petitioner – accused No.2 has already executed personal bond and also furnished cash security by depositing amount of Rs.25,000/-. 4. As the petitioner is ready to comply with the entire condition No. 1 imposed in the order dated 11.04.2025, the petition is disposed of directing the petitioner to furnish surety in compliance of condition No. 1 imposed in the order dated 11.04.2025 on or before the next date of hearing fixed by the trial Court. The trial Court shall not insist the presence of the petitioner accused No. 2 at the time of accepting the surety. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 19 Sl No.: 38