- 1 - HC-KAR NC: 2025:KHC-D:12671 CRL.P No. 103795 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103795 OF 2025 (439(1)(B)(CR.PC)/483(1)(B)(BNSS)) BETWEEN: SRI. KIRAN KUMAR T. S/O. T.S. THIPPE SWAMY, AGE. 25 YEARS, OCC. BANK EMPLOYEE, R/O. GB-114, 5TH CROSS, 2ND MAIN ROAD, HAL CENTRAL TOWNSHIP, NORTH BENGALURU, TQ. AND DIST. BENGALURU-560 037, NOW AT: “MATHRU KUTEERA”, ISHWARNAGAR, 2ND CROSS, NEAR KSRTC DEPOT, LAXMESHWAR, TQ. LAXMESHWAR, DIST. GADAG-582 116. … PETITIONER (BY SRI. SACHCHIDANAND BABAJI PATIL P., ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH IO DHARWAD CEN POLICE STATION, R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (1)(B)OF CR.P.C. (UNDER SECTION 483(1)(B) OF BNSS, 2023), PRAYING TO SET ASIDE THE ORDER DATED 24.07.2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (P.O.A.) ACT, IN CRIMINAL MISC. NO.308/2025 BY RELAXING THE CONDITION NO.3 AND 4, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12671 CRL.P No. 103795 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Heard the learned counsel for the petitioner and the learned HCGP for respondent. 2. This Criminal Petition under Section 439(1)(b) of the Cr.P.C. read with Section 483(1)(b) of the BNSS, 2023 is filed, with a prayer to relax / modify condition Nos.3 and 4 imposed by the Court of II-Additional District and Sessions Judge and Special Judge, Dharwad in Crl. Misc. No.308 of 2025, disposed of on 24.07.2025. 3. The petitioner has filed Crl. Misc. No.308 of 2025 before the Court of II-Additional District and Sessions Judge and Special Judge, Dharwad seeking anticipatory bail in Crime No.37 of 2023, registered by Dharwad Cyber Economic and Narcotic Offence Police Station, for the offences punishable under Section 406, 409, 420, 465, 467, 468 and 471 of the IPC. The learned Session Judge vide order dated 24.07.2025 had allowed Crl. Misc. No.308 of - 3 - HC-KAR NC: 2025:KHC-D:12671 CRL.P No. 103795 of 2025 2025 and had granted anticipatory bail to the petitioner subject to certain conditions. Conditions Nos.3 and 4 imposed by the learned Sessions Judge in Crl. Misc. No.308 of 2025, reads as follows: “3. This order would be operative only for sixty days from today. 4. If the petitioner is not implicated as accused in the aforesaid case for the said offences within sixty days from today, this order stands vacated automatically. With a prayer to relax the said conditions, the petitioner is before this Court. 4. The Hon'ble Supreme Court in the case of Sushila Aggarwal and others Vs. State (NCT of Delhi) and another1, has observed that the protection granted to a person under Section 438 of the Cr.P.C. should not be invariably permitted for a fixed period, and it should continue in favour of the accused without any restriction of time. 1 Special Leave Petition (Criminal) Nos.7281-7282/2017, DD: 29.01.2020 - 4 - HC-KAR NC: 2025:KHC-D:12671 CRL.P No. 103795 of 2025 5. Under the circumstances, the impugned condition Nos.3 and 4 imposed by the jurisdictional Sessions Judge in Crl. Misc. No.308 of 2025 cannot be sustained. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) Condition Nos.3 and 4 imposed by the Court of II-Additional District and Sessions Judge and Special Judge, Dharwad in Crl. Misc. No.308 of 2025, disposed of on 24.07.2025 stands relaxed. (iii) All other conditions remain unaltered. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 3