- 1 - HC-KAR NC: 2025:KHC:51853 CRL.P No. 16305 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16305 OF 2025 [(439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)] BETWEEN: 1. MAHESH B.E. S/O. ESHWARAPPA, AGED ABOUT 36 YEARS, 2. VINODHA B.L. S/O LINGAIAH, AGED ABOUT 33 YEARS, R/AT: BATLAHALLI VILLAGE, MURGAMALL HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 123. …PETITIONERS (BY SRI. G.M. SRINIVASAREDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY BATLAHALLI POLICE STATION, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439(1)(b) CR.PC (FILED UNDER SECTION 483(1)(b) OF BNSS) PRAYING TO Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51853 CRL.P No. 16305 of 2025 RELAX OR MODIFY OF CONDITIONS NO.3 AND 4 IN C.MISC.NO.231/2025 (CRIME NO.41/2025) REGISTERED BY RESPONDENT POLICE BATLAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) READ WITH SECTION 190 OF BNS, 2023, PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, SITTING AT CHINTAMANI. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.7 and 8 under Section 483(1)(b) of Bharatiya Nagrika Suraksha Sanhita, 2023, seeking relaxation or modification of conditions Nos.3 and 4 imposed in the order dated 24.07.2025 passed in Criminal Miscellaneous No.231/2025 by II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani. - 3 - HC-KAR NC: 2025:KHC:51853 CRL.P No. 16305 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, the petitioners are coolies and due to the conditions, they could not be able to work on every Monday and they could not go out of the jurisdiction of the Police station to eke out their livelihood. He further submits that, till date, the petitioners have complied with the said conditions. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioners have complied with the conditions till date. The case involves double murder and injury of one person. If the conditions are relaxed, there is a possibility of petitioners threatening the witnesses and the injured. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:51853 CRL.P No. 16305 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the materials placed on record. 6. The petitioners/accused Nos.7 and 8 have been granted bail in Crime No.41/2025 of Batlahalli Police Station by order dated 24.07.2025 passed in Criminal Miscellaneous No.231/2025 by II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani. In the said order, the following conditions have been imposed: "… …. … 1) The petitioner/accused shall furnish bail bond of Rs.2,00,000/- with two solvent sureties for the likesum. 2) The petitioners/accused shall furnish their address proof along with the address proof of their sureties. 3) The petitioners/accused shall mark attendance before IO on every Monday between 10 to 11 AM till further orders. - 5 - HC-KAR NC: 2025:KHC:51853 CRL.P No. 16305 of 2025 4) The petitioners/accused shall not leave the jurisdiction of Batlahalli police station limits without permission of the court and shall not indulge in any criminal activities. 5) The petitioners/accused shall co- operate with investigation and trial. If any of these conditions are violated the IO is at liberty to take the petitioners to his custody and remand them to J.C, as the bail granted here automatically stand canceled." The petitioners are seeking relaxation/modification of conditions Nos.3 and 4. Learned counsel for petitioners submitted that, the petitioners are coolie workers and condition No.3 is causing hardship on them to attend the coolie work. Condition No.4 is coming in the way of their going out of jurisdiction of the Police station to eke out their livelihood. 7. Considering all the above aspects, condition Nos.3 and 4 requires to be modified. In the result, the following; - 6 - HC-KAR NC: 2025:KHC:51853 CRL.P No. 16305 of 2025 ORDER The Criminal Petition is allowed. Conditions Nos.3 and 4 imposed in the order dated 24.07.2025 passed in Criminal Miscellaneous No.231/2025 by II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani, are modified as under: i) The petitioners shall mark their attendance before Batlahalli Police Station on every first Sunday of each month between 10.00 am to 11.00 a.m. till disposal of the case registered against them. ii) The petitioners shall not indulge in any criminal activities. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 16