- 1 - HC-KAR NC: 2025:KHC-D:16751 CRL.P No. 104500 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 104500 OF 2025 BETWEEN: SRI SHIVANAND S/O BALAKRISHANA KUDTARKAR AGE 56 YRS OCC DISTRICT SURGEON MEDICAL SUPERINTENDENT KARAWAR INSTITUTE OF MEDICAL SCIENCE TEACHING HOSPITAL (DISTRICT HOSPITAL) KARAWAR, UTTAR KANNADA CORRECT ADDRESS RUKMINI PLAZA BEHIND KSRTC BUS STAND BRAHMANAGALLI KARWAR (AS SHOWN IN FIR). …PETITIONER (BY SRI HANUMESHA, ADV., FOR SRI GUNDE NEELENDRA DHANYAKUMAR, ADV.) AND: STATE OF KARNATAKA BY KARWAR LOKAYUKTA POLICE STATION REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD - 580 001. …RESPONDENT (BY SRI.SRINIVAS B NAI, ADV.) THIS CRIMINAL PETITION IS FILED U/EC. 439 (1) (b) OF CR.P.C. SEEKING TO RELAX THE CONDITION 2(e) IMPOSED BY THIS COURT IN CRIMINAL PETITION NO. 102928/2025 VIDE ORDER DATED 29.07.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16751 CRL.P No. 104500 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. This petition under Section 483(1)(a & b) of BNSS, 2023 read with Section 439(1)(b) of Cr.P.C. is filed with a prayer to relax/modify condition No.(e) imposed by this Court in Crl.P.No.102928/2025 disposed off on 29.07.2025. 2. Heard the learned counsel for the parties. 3. Petitioner herein, who is accused in Crime No.4/2025 registered by Karwar Lokayuktha Police Station for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, had approached this Court in Crl.P.No.102928/2025 seeking regular bail. The said petition was allowed by this Court on 29.07.2025 subject to certain conditions. Condition No.(e) imposed by this Court in Crl.P.No.102928/2025 reads as follows:- "(e) The petitioner / accused shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off." - 3 - HC-KAR NC: 2025:KHC-D:16751 CRL.P No. 104500 of 2025 4. With a prayer to modify/relax the said condition, the petitioner is before this Court in this petition. 5. Learned counsel for the petitioner submits that petitioner, who is a government servant working at Karwar has now been transferred to Kalaburagi District. Therefore, the imposed condition has been causing him untold hardship. Accordingly, he prays to allow the petition. 6. Per contra, learned counsel for the respondent has opposed the petition. 7. Petitioner has produced material before this Court to show that he has been now transferred to Govt. Hospital at Sedam in Kalaburagi District with effect from 16.07.2025. It is the case of the petitioner that because of the aforesaid transfer order, it has become difficult for him to comply the impugned condition found in Crl.P.No.102928/2025. It is not in dispute that there is no allegation against the petitioner that till date, he has violated any one of the conditions imposed by this Court while disposing off Crl.P.No.102928/2025. Under the circumstances, I am of the opinion that the prayer made by the - 4 - HC-KAR NC: 2025:KHC-D:16751 CRL.P No. 104500 of 2025 petitioner in this petition needs to be granted. Accordingly, the following order:- 8. The Criminal Petition is allowed. Condition No.(e) imposed by this Court in Crl.P.No.102928/2025 stands relaxed. All other conditions remain unaltered. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN