- 1 - HC-KAR NC: 2025:KHC-K:6610 CRL.P No. 201181 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA CRIMINAL PETITION NO. 201181 OF 2025 (439(1)(b)(Cr.PC)/483(1)(b)(BNSS)) BETWEEN: RAJEEV KUMAR SHARMA S/O LATE DAYANAND SHARMA AGE 49 YEARS R/O H NO. 2/1 NEW SHEETAL NAGAR, JALANDHAR PUNJAB 144008 (AADHAR NO. 892515457329) …PETITIONER (BY SRI. RAVI KRISHNAPPA ANOOR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MARKET POLICE STATION BIDAR, DIST BIDAR NOW REPRESENTED BY ADDL SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH 585107 …RESPONDENT (BY SRI. MAQBOOL AHMED, SPECIAL SPP) THIS CRL.P. IS FILED U/S. 439 (1)(b) OF CR.P.C (OLD), 483 (1) (b) OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND BE PLEASED TO RELAX/ MODIFY CONDITION (i) OF THE BAIL ORDER DATED 29.05.2025 IN CRL.PET.NO. 200815/2025 BY PERMITTING THE PETITIONER TO FURNISH TWO SURETIES FROM HIS NATIVE STATE OF PUNJAB INSTEAD Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:6610 CRL.P No. 201181 of 2025 OF REQUIRING ONE SURETY FROM THE JURISDICTION OF THE COMPLAINANT POLICE STATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE UMESH M ADIGA) This petition is filed under Section 483(1) (BNS) for relaxation of condition No.1, regarding offering of local surety for releasing the petitioner on bail. 2. Heard the argument of learned counsel for petitioner as well as Learned SPP. 3. Respondent police registered a case in Crime No.4/2025 against some of the culprits including the petitioner for the offences punishable under Section 309(4), 309(6), 311, 103, 109, 199(a), 3(5) of BNS and Section 25 and 27 of the Indian Arms Act, 1959. The petitioner is accused No.7. He was arrested in the said case and produced before the concerned Magistrate Court - 3 - HC-KAR NC: 2025:KHC-K:6610 CRL.P No. 201181 of 2025 and he was remanded to judicial custody. He filed an application under Section 483 of BNSS 2023. After hearing both sides, this Court granted bail vide order dated 29.05.2025 with certain conditions. Condition No.1 reads as follows:- "Petitioner shall execute a personal bond of Rs.2,00,000 with two sureties for likesum and out of two sureties, one surety shall be residing with the jurisdiction of complainant-Police Station and the court shall verify the correctness of the particulars furnished by the both the sureties offered by the petitioner." (emphasis supplied) 4. In this petition, the petitioner contends that he is a permanent resident of a place in Punjab and was not acquainted with the persons residing within the jurisdiction of the complainant police station. Therefore, he was unable to furnish local sureties for his release on bail. It is further submitted that the petitioner had earlier filed SLP (Crl.) No. 9649 of 2025 before the Hon’ble Apex Court, which was dismissed vide order dated 10.07.2025, granting liberty to the petitioner to approach the High - 4 - HC-KAR NC: 2025:KHC-K:6610 CRL.P No. 201181 of 2025 Court for relaxation of the said condition. The Hon’ble Apex Court also ordered that if such a request is made, same shall be considered sympathetically in accordance with law. Pursuant to the said liberty, the petitioner has now filed the present petition seeking relaxation of the aforesaid condition. 5. The learned counsel for petitioner contends that accused No.3 was granted bail by this Court and in the said order, no such condition was imposed by Co-ordinate Bench of this Court. He further contend that remaining three accused had surrendered before the Sessions Court and they got bail. They also got relaxation of such condition by the trial Court. In view of the same, he prayed for relaxation of the said condition of furnishing of local surety. It is further contended that petition will comply remaining conditions. 6. The learned SPP seriously objects to the relaxation of the condition and contends that if the - 5 - HC-KAR NC: 2025:KHC-K:6610 CRL.P No. 201181 of 2025 petitioner is released on bail without such a condition, it would be difficult to secure his presence during the enquiry and trial. Hence, he prays that the application be rejected. 7. It is not in dispute that investigation has been completed and charge sheet has been filed by the concerned Police before the Jurisdictional Court. Therefore, for the purpose of investigation, presence of petitioner is not required. 8. The other accused are said to have been granted bail by the Sessions Court as well as by this Court, and no such conditions were imposed by either Court in that regard. The accused who was granted bail by the Sessions Court subsequently approached the same Court and obtained relaxation of the condition earlier imposed. 9. Depending upon the factual circumstances and allegations made against each accused, conditions will be imposed. There cannot be any universal conditions. - 6 - HC-KAR NC: 2025:KHC-K:6610 CRL.P No. 201181 of 2025 However, since the investigation is completed and the charge sheet has been filed, continuation of the said condition at this stage is not necessary. It shall suffice if the concerned Court verifies the authenticity of the sureties offered by the accused No.7 before accepting the same; thereafter, he shall be released on bail upon furnishing two sureties, and the remaining conditions shall remain unaltered. The condition of offering of one of the local surety is relaxed. Accordingly, petition is allowed. Sd/- (UMESH M ADIGA) JUDGE GPG List No.: 19 Sl No.: 1