- 1 - HC-KAR NC: 2026:KHC-D:813 CRL.P No. 104896 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104896 OF 2025 (439(1)(b)(Cr.PC)/483(1)(b)(BNSS)) BETWEEN: 1. MR. GANESH S/O. MANJUNATH HARIKANTH AGE. 41 YEARS, OCC. BUSINESS, R/O. SONAKERI PATRAGADDE, MURDESHWAR BHATKAL, UTTAR KANNADA – 581 350. …PETITIONER (BY SRI. HANUMESH M DESAI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MURDESHWAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD – 580 001. 2. VICTIM R/O. BASTIMAKKI Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC-D:813 CRL.P No. 104896 of 2025 NEAR DEVI AMMA TEMPLE, MURDESHWAR BHATKAL, UTTAR KANNADA – 581 350. …RESPONDENTS (BY SRI. PRAVEENA Y DEVAREDDIYAVARA, HCGP FOR R1) *** THIS CRIMINAL PETITION IS FILED U/S 439 (1) (b) OF CR.P.C. (483 (1) (a AND b) OF BNSS), SEEKING TO RELAX THE CONDITION THAT IS PETITIONER SHALL MARK HIS ATTENDANCE BEFORE THE JURISDICTIONAL POLICE ONCE IN A MONTH, ESPECIALLY ON SATURDAY BETWEEN 09.00 A.M. TO 02.00 PM, TILL DISPOSAL OF THE CASE IMPOSED BY THIS HON’ BLE COURT IN CRIMINAL PETITION NO.101690/2025 VIDE ORDER DATED 19/06/2025 AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2026:KHC-D:813 CRL.P No. 104896 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This petition is filed by the petitioner seeking for relaxing the condition No.(ii) passed by this Court vide order dated 19.06.2025 in Crl.P No.101690/2025 . 2. Heard Sri.Hanumesh M.Desai, learned counsel for the petitioner and Sri.Praveen Y.Devaraddiyavara, learned High Court Government Pleader for respondent No.1 – State. 3. It is the submission of learned counsel for the petitioner that the petitioner has filed this petition on the ground that the petitioner has been regularly attending the Court as well as the police station from the date of the grant of bail. Now, the charges have been framed and the matter has been set down for trial. Such being the fact, visiting the police station during the pendency of the trial, certainly, would amount to abuse of the process of law. Hence, the condition No.(ii) may be relaxed and the petitioner may be allowed to appear before the Trial Court regularly. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC-D:813 CRL.P No. 104896 of 2025 4. Per contra, learned High Court Government Pleader for the respondent No.1 - State vehemently submitted that the petitioner has committed a heinous offence and the condition No.(ii) imposed by this Court is appropriate and it should be extended till the disposal of the case. If the condition No.(ii) is not extended, there may be chances of absconding from the case and also the chances of tampering with the prosecution witnesses. Hence, it is appropriate to reject the petition. 5. Having considered the rival submissions and also on perusal of the facts and circumstances of the case, nature and gravity of the offence, I am of the considered opinion that the conditions imposed by this Court is appropriate and proper. The petitioner has not made out a case to relax the condition. Hence, the petition deserves to be dismissed. Ordered accordingly. Sd/- (S.RACHAIAH) JUDGE UN List No.: 19 Sl No.: 4