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2026 DAILYLAW 21437 (KAR)

SRI SHIVAPPA HANUMANTHA MADAR v. STATE OF KARNATAKA

CRL.P/5366/2026 · 2026-06-12

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28680 CRL.P No. 5366 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5366 OF 2026 BETWEEN: 1. SRI. SHIVAPPA HANUMANTHA MADAR AGE: 42 YEARS OCC: DRIVER R/O DHANAKASHIRUR, TALUK: BADAMI DISTRICT: BAGALKOT-587201. …PETITIONER (BY SRI. HANUMESH M. DESAI, ADVOCATE FOR SRI. GUNDE NEELENDRA DHANYAKUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PUTTUR RURAL P.S REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 580001. …RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO RELAX THE CONDITION-E IMPOSED BY THIS HONBLE COURT IN CRL.P NO.12509/2024 VIDE ORDER DATED 15.01.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28680 CRL.P No. 5366 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition is filed under Section 483(1)(a) & (b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused No.1 seeking relaxation of condition No.(e) imposed by this Court in Crl.P.No.12509/2024, which was disposed of on 15.01.2025. 2. Heard learned counsel for the petitioner and learned HCGP on behalf of the respondent - State. 3. The petitioner herein, who is arrayed as accused No.1 in S.C.No.5009/2024 pending before the V Additional District and Sessions Judge, Puttur, arising out of the Crime No.112/2023 registered by Puttur Rural Police Station, Dakshina Kannada District for the offences punishable under Section 120B, 365, 302, 201 read with 34 of IPC, was granted regular bail by this Court in Crl.P.No.12509/2024, which was disposed of on 15.01.2025, subject to certain conditions. - 3 - HC-KAR NC: 2026:KHC:28680 CRL.P No. 5366 of 2026 4. Condition No.(e) imposed in the order passed in Crl.P.No.12509/2024 reads as follows; "e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off." 5. Seeking relaxation/modification of the aforesaid condition, the petitioner is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is a driver by avocation and therefore, condition No.(e) imposed by this Court has been causing hardship to him in discharging his duties. The other conditions imposed by this Court in Crl.P.No.12509/2024 are complied by the petitioner. The petitioner has no other criminal antecedents. Accordingly, prays to allow the petition. 7. Per contra, the learned HCGP, who has opposed the petition, submits that the petitioner is at - 4 - HC-KAR NC: 2026:KHC:28680 CRL.P No. 5366 of 2026 liberty to file necessary application before the trial Court and therefore, prays to dismiss the petition. 8. The petitioner has been granted regular bail by this Court in Crl.P.No.12509/2024 vide order dated 15.01.2025. It is not the case of the respondent - State that he has violated any of the conditions imposed by this Court in Crl.P.No.12509/2024. It is now brought to the notice of this Court that condition No.(e) has been causing hardship to the petitioner. The petitioner, who is a driver by avocation, is required to travel to various places in the course of his avocation. Under the circumstances, I am of the opinion that the prayer made by the petitioner in this petition needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The condition No.(e) imposed by this Court in Crl.P.No.12509/2024, which is disposed off on 15.01.2025, stands relaxed. - 5 - HC-KAR NC: 2026:KHC:28680 CRL.P No. 5366 of 2026 (iii) All other conditions imposed in the said order remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 55