- 1 - HC-KAR CNR: KAHC010533022026 NC: 2026:KHC:42406 CRL.P No. 11783 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11783 OF 2026 (439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)) BETWEEN: MR. DHEERAJ S/O. SRI. SOMASHEKAR, AGED ABOUT 25 YEARS, R/AT H.NO.3-9, MARKET ROAD, GARADI CIRCLE, HEJAMADI VILLAGE, KAUP TALUK, UDUPI – 574 103. …PETITIONER (BY SRI. KIRAN.N, ADVOCATE) AND: STATE OF KARNATAKA BY PADUBIDRI POLICE STATION, UDUPI – 574 111. (REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, BANGALORE) …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING PLEASED TO MODIFY/ RELAX THE ORDER PASSED IN CRIMINAL MISCELLANEOUS PETITION NO.129/2026 DATED 22.04.2026 BY DISPENSING THE CONDITION NO.5 AS IMPOSED BY THIS HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI WHILE GRANTING THE BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE FURTHER INVESTIGATION OF Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010533022026 NC: 2026:KHC:42406 CRL.P No. 11783 of 2026 CRIME NO.32/2026 REGISTERED BY THE RESPONDENT PADUBIDRI POLICE STATION, UDUPI FOR THE PUNISHABLE OFFENCES U/S 115(2), 352, 351(2), 109 OF THE BNS, 2023 PENDING ON THE FILE OF HONBLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition is filed under Section 483(i)(b) of BNSS 2023, with a prayer to relax condition No.(5) imposed by learned Principal District and Sessions, Jduge, Udupi, in Criminal Misc.No.129/2026 vide order dated 22.04.2026 while granting regular bail to the petitioner. 2. Heard the learned Counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 3. The petitioner, who is arraigned as accused in Crime No.32/2026 registered by Padubidri Police Station, Udupi District, for the offences punishable under Sections 115(2), 352, 351(2), 109 of BNS 2023 had approached - 3 - HC-KAR CNR: KAHC010533022026 NC: 2026:KHC:42406 CRL.P No. 11783 of 2026 the jurisdictional Sessions Court at Udupi, in Criminal Misc.129/2026 seeking regular bail. Learned Sessions Judge, vide order dated 22.04.2026 had allowed Criminal Misc.No.129/2026 subject to certain conditions. Condition number (5) imposed by the learned Sessions Judge, reads as follows: "(5) If there is any outstanding amount, such instalment shall stand paid forthwith. The default shall ipso facto forfeit the bail bond and 75% of the bond amount shall be appropriated against the loan amount." 4. Seeking relaxation of the said condition, the petitioner is before this Court. 5. Perusal of the material on record would go to show that petitioner allegedly had borrowed a sum of ₹2,00,000/- from the first informant in the present case, who is the alleged victim. Since the first informant had demanded repayment of the said amount, the petitioner allegedly abused and assaulted him with a knife. It is - 4 - HC-KAR CNR: KAHC010533022026 NC: 2026:KHC:42406 CRL.P No. 11783 of 2026 under these circumstances, FIR was registered against the petitioner for the aforesaid offences in Crime No.32/2026 by Padubidri Police Station. 6. Learned Sessions Judge, while granting bail to the petitioner in the said case, has directed vide impugned condition No.(5), to pay the outstanding amount to the first informant, failing which the bail bond will be forfeited and 75% of the bond amount shall be appropriated against the loan amount. 7. The Hon'ble Supreme Court as well as this Court have time and again said that such onerous conditions should not be imposed by the Court while granting bail to an accused. Under the circumstances, I am of the opinion that the learned Sessions Judge ought not to have imposed the impugned condition while allowing the bail application in Criminal Misc.No.129/2026 and therefore, the prayer made in this petition needs to be granted. According, the following: - 5 - HC-KAR CNR: KAHC010533022026 NC: 2026:KHC:42406 CRL.P No. 11783 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) Condition No.(5) imposed by learned Principal District and Sessions, Jduge, Udupi, in Criminal Misc.No.129/2026 vide order dated 22.04.2026 shall stand relaxed. (iii) All the other conditions found in the said order shall remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE DL List No.: 1 Sl No.: 10