- 1 - HC-KAR NC: 2025:KHC-D:7849 CRL.P No. 101690 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101690 OF 2025 (439(1)(b)(Cr.PC)/483(1)(a & b) of BNSS)) BETWEEN: MR. GANESH S/O MANJUNATH HARIKANTH AGE. 41 YEARS, OCC. BUSINESS R/O. SONAKERI PATRAGADDE MURDESHWAR, BHATKAL UTTAR KANNADA-581350 …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MURDESHWAR POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DHARWAD-580 001 2. VICTIM R/O. BASTIMAKKI NEAR DEVI AMMA TEMPLE MURDERSHWAR BHATKAL UTTAR KANNADA-581 350 …RESPONDENTS (BY SRI.PRAVEEN Y.D., HCGP FOR R1; NOTICE TO R2 DISPENCED WITH V/O. DT. 19.06.2025) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1) (b) OF CR.P.C. (U/S. 483(1) (a AND b) OF BNSS, SEEKING TO RELAX THE CONDITION-C IMPOSED BY THIS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:7849 CRL.P No. 101690 of 2025 COURT IN CRIMINAL PETITION NO. 101375/2024 VIDE ORDER DATED 27.02.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This Criminal Petition is filed by the petitioner / accused seeking to relax the condition No.(c) imposed by this Court while granting bail on 27.02.2025 in Criminal Petition No.101375 of 2024. 2. It is the submission of learned counsel for the petitioner that the petitioner being a business man has to travel beyond the jurisdiction of the Court on several occasions. If the condition No.(c) is not relaxed, hardship would be caused to the petitioner. 3. It is further submitted that there are several writ petitions pending before this Court at Dharwad Bench. Therefore, because of this condition, he cannot go to the Court to swear the affidavit. To that effect, he is seeking relaxation of condition No.(c), in order to come to Court to file affidavit. - 3 - HC-KAR NC: 2025:KHC-D:7849 CRL.P No. 101690 of 2025 Making such submissions, learned counsel for the petitioner prays to allow the petition. 4. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and submits that the offences alleged against the petitioner are punishable under Sections 376, 376(2)(n) of Indian Penal Code. Therefore, the condition No.(c) is not required to be relaxed. Making such submissions, learned High Court Government Pleader prays to reject the petition. 5. Considering the rival submissions of learned counsel for the respective parties, it is appropriate to relax the condition No.(c). 6. Hence, I proceed to pass the following:- ORDER (i) The Criminal Petition is allowed. (ii) The condition No.(c) imposed by this Court in Criminal Petition No.101375/2024 vide order dated 27.02.2025 is relaxed and modified in such a way that the petitioner shall mark his attendance before the jurisdictional police once in a month, especially - 4 - HC-KAR NC: 2025:KHC-D:7849 CRL.P No. 101690 of 2025 on Saturday between 09.00 a.m. to 02.00 p.m., till disposal of the case. SD/- (S.RACHAIAH) JUDGE BSS List No.: 19 Sl No.: 1