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Judgment
This petition is filed under Section 483 (1) (b) of BNSS by accused No.6 to 8 praying to relax condition No.(d) in the bail order dated 16.12.2025 passed in Criminal Petition Nos.14856/2025 and 15817/2025.
Heard learned Senior Counsel for petitioners and learned High Court Government Pleader for the respondent -State.
Appellants -accused Nos.6 to 8 in Crime No.103/2025 of Sathnur Village registered for offences punishable under Sections 103, 109, 54 read with Section 5(3) of BNS have been granted bail by this Court by order dated 16.12.2025 imposing the following conditions:
“a)The petitioners -accused Nos.6 to 8 shall 10 execute a bond for sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court.
b)The petitioners -accused Nos.6 to 8 shall not tamper the prosecution witnesses either directly or indirectly.
c)The petitioners -accused Nos.6 to 8 shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case.
d)The petitioners -accused Nos.6 to 8 shall not enter Sathanoor village till material witnesses are examined.”
Petitioners -accused Nos.6 to 8 are seeking the relaxation of condition No.(d). In view of the said condition, petitioners are restrained from entering Sathnur Village till material witnesses are examined.
Learned High Court Government Pleader for the respondent –State wound contend that the material witnesses are C.W.3, C.W.5, C.W.6, C.W.31 and C.W.32. He further submits that the trial is yet to commence and examination of material witnesses will take 06-08 months.
Learned Senior Counsel for petitioners would contend that petitioners own agricultural lands situated in Yedemaranhalli Village which is adjacent to the Sathnur Village and petitioners are residents of Honganidoddi Village and they are prohibited from entering their village. They are deprived of cultivating their lands. The present season is rainy season and petitioners have to cultivate their land to eakout their livelihood. He further submits that even though the prohibition to entry is to Sathnur Village, the police are not permitting them to reach their village where they reside and cultivate their lands situated in Yedemaranhalli. The incident has taken place in Sathnur village near R.K Dhaba. As per the said condition, petitioners are restrained from entering into Sathnur Village, where the incident has taken place.
As contended by learned Senior Counsel for petitioners, if the condition is not relaxed, petitioners will be deprived of cultivating their lands situated in Yedemaranhalli. Learned High Court Government Pleader contended that if petitioners are allowed to enter their village, there are chances of them threatening material witnesses and may commit a similar offence. In order to balance between the rights of petitioners and the protection of material witnesses, petitioners can be directed to attend the Sathnur Police Station twice in week i.e., Monday and Thursday between 06.00 p.m. to 07.00 p.m. Considering the said aspects, petitioners have made out case for relaxing the condition No.(d).
In view of the above, the following
ORDER
The petition is allowed.
ii) The condition No.(d) imposed in the order dated 16.12.2026 passed in Criminal Petition Nos.14856/2025 and 15817/2025 is relaxed subject to following conditions:
Petitioners -accused No.6 to 8 shall mark their attendance in Sathnur Police Station on every Monday and Thursday between 06.00 to 07.00 p.m. for a period of 03 months.
The police shall not make them sit in the police station beyond 07.00 p.m.
The prosecution shall complete the recording of evidence of material witnesses within the said period of three months.