- 1 - HC-KAR NC: 2025:KHC-D:9738 CRL.P No. 103020 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103020 OF 2025 (439(1)(B)(CR.PC)/483(1)(B)(BNSS)) BETWEEN: SHRI IRANNA S/O. NINGAPPA BELLIWALI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: GUNDENAHATTI VILLAGE, TQ: KHANAPUR, DIST: BELAGAVI, PIN-590 001. … PETITIONER (BY SRI. PATIL TIPPANAGOUDA REVANAGOUDA, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS POLICE INSPECTOR OF HAVERI WOMEN P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, PIN-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483(1)(B) OF BNSS PRAYING TO ALLOW THIS PETITION AND MODIFY THE CONDITION NO.6 IMPOSED ON THE PETITIONER PASSED IN C.C. NO.125/2019 DATED 08.04.2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 506 R/W SECTION 34 OF IPC AND UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM HAVERI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9738 CRL.P No. 103020 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court under Section 439(1)(b) of Cr.P.C. with a prayer to relax Condition No.6 imposed by the Court of Principal Senior Civil Judge and C.J.M., Haveri in C.C.No.125 of 2019 by the order dated 08.04.2025, wherein the application filed by the petitioner under Section 437 of Cr.P.C. seeking regular bail was allowed. 2. Heard learned counsel for the petitioner and the learned HCGP who is directed to take notice for the respondent. 3. Petitioner who is arrayed as accused No.1 in the present case has been charge sheeted for the offences punishable under Sections 498A, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 4. Petitioner had filed regular bail application under Section 437 of Cr.P.C. before the Jurisdictional Magistrate, which was allowed by the order dated - 3 - HC-KAR NC: 2025:KHC-D:9738 CRL.P No. 103020 of 2025 08.04.2025 subject to certain conditions. Condition No.6 imposed by the learned Magistrate reads as follows: “The petitioner/accused No.1 shall deposit the amount of maintenance filed by the CW-1 of recovery petition in Crl.Misc.No.114/2021, 155/2022, 153/2023, 174/2024 in total Rs.7,00,000/-.” 5. With a prayer to relax the said condition, the petitioner is before this Court. 6. The Condition No.6 imposed by the trial Court directs the petitioner to pay the maintenance amount awarded in Crl.Misc.No.114 of 2021, 155 of 2022, 153 of 2023 and 174 of 2024, which totally amounts to Rs.7,00,000/-. Such a condition cannot be imposed by the Court while granting bail to the accused. The Hon’ble Supreme Court as well as this Court time and again have stated that such onerous conditions should not be imposed by the Courts while granting bail to the accused. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:9738 CRL.P No. 103020 of 2025 ORDER i. Criminal Petition is allowed. ii. Condition No.6 imposed by the Court of Principal Senior Civil Judge and C.J.M., Haveri in C.C.No.125 of 2019 by order dated 08.04.2025 stands relaxed. iii. All other conditions imposed by the trial Court stands unaltered. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 3