- 1 - HC-KAR NC: 2025:KHC-D:11090 CRL.P No. 103416 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103416 OF 2025 (439(1)(B)(CR.PC)/483(1)(B)(BNSS)) BETWEEN: SRI. BASAVARAJ GIRENNAVAR S/O SRI, RUDRAPPA, AGED ABOUT 45 YEARS, R/A. B 904, SRIRAM SAHANA APARTMENTS, DODDABALLAPURA MAIN ROAD, YELAHANKA, BENGALURU-560 064. … PETITIONER (BY SRI. SHRINATH KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA, BY DHARWAD SUB-URBAN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD-580 011. … 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 RELAX THE CONDITION NO.5 IN ITS ENTIRETY, AS IMPOSED ON PETITIONER/ACCUSED NO.1 BY THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN CRL. MISC. NO.512/2014 VIDE ORDER DATED 18.09.2014, PRODUCED AT ANNEXURE-D, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A), 323, 504, OF IPC OF DHARWAD SUB-URBAN P.S. CRIME NO.159/2014. 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:11090 CRL.P No. 103416 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Learned counsel for the petitioner submits that petitioner’s marriage with his wife, who is the first informant in the present case is dissolved by a decree of divorce which has attained finality. He submits criminal proceedings arising out of Crime No.159/2014 registered by Dharwad Sub-Urban Police Station insofar as the other accused, except the petitioner herein has been stayed by this Court. He submits that till date, not even a single witness has been examined before the Trial Court in C.C. No.562/2014 pending before the Court of jurisdictional Magistrate which arises out of Crime No.159/2014. The impugned condition i.e., condition No.5 in Criminal Miscellaneous Petition No.512/2014 imposed by the Court of Principal Sessions Judge, Dharwad disposed of on 18.09.2014 has been causing untold hardship to the petitioner, who is required to travel abroad for his business purpose. He submits that this petition may be dismissed as not pressed with liberty to the petitioner to file an application under Section 483(1)(b) of BNSS, 2023 before the learned Sessions Judge with a prayer to relax condition No.5 imposed in Criminal Miscellaneous petition No.512/2014. - 3 - HC-KAR NC: 2025:KHC-D:11090 CRL.P No. 103416 of 2025 Said submission is placed on record. Petition is dismissed as withdrawn with liberty as prayed for. In the event the petitioner files a fresh application before the jurisdictional Sessions Court under Section 483(1)(b) of BNSS, 2023, same shall be considered on merits and disposed of as expeditiously as possible. All the contentions urged are left open. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 2