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Dr.Lokesh B H vs State Of Karnataka on 29 October, 2018

CRL.P.NO.7538/2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.7538 OF 2018

BETWEEN:

DR.LOKESH B.H.
S/O LATE HALAPPA
AGED 50 YEARS
OCCUPATION: CARDIOLOGIST
AT NANJAPPA LIFE CARE
GADIKOPPA, SAGAR ROAD
SHIVAMOGGA – 577 205 …PETITIONER

(BY SRI SHIVA PRASAD Y.S., ADV.)

AND

STATE OF KARNATAKA
BY VIJAYNAGARA POLICE STATION
BANGALORE REPRESENTED BY SPP
HIGH COURT BUILDINGS
BANGALORE – 560 001 …RESPONDENT

(BY SRI NAZRULLA KHAN, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(1) (b) OF CR.P.C PRAYING TO MODIFY/RELAX THE BAIL
ORDER PASSED IN CRL.MISC.NO.7471/2016 DATED 09.11.2016
PERTAINING TO CONDITION NO.4. THE PETITIONER SHALL
MARK HIS ATTENDANCE TO THE RESPONDENT POLICE
STATION ONCE IN FIFTEEN DAYS (PREFERABLY ON SUNDAYS)
IN BETWEEN 10 AM AND 8.00 TILL FINAL REPORT IS
SUBMITTED.
CRL.P.NO.7538/2018
2

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Vijayanagar Police have registered a case in Crime

No.450/2016 against the petitioner and five others for

the offences punishable under Sections 498A, 307 read

with Section 34 of IPC and Sections 3 and 4 of the

Dowry Prohibition Act, 1961, on the complaint of one

Smt.Theertha.

2. It was alleged that the petitioner being the

husband and the other accused being the relatives of

the petitioner subjected the complainant to physical and

mental cruelty in connection with their unlawful

demands and attempted to commit her murder.

3. Petitioner filed Crl.Misc.No.7471/2016 before

the XLV Additional City Civil and Sessions Judge,

Bengaluru City, for bail. Said petition was allowed on

9.11.2016 with certain conditions. Condition No.4 was

that he shall mark his attendance in the respondent
CRL.P.NO.7538/2018
3

police station once in fifteen days (preferably on

Sundays) in between 10.00 A.M. and 8.00 P.M. till final

report is submitted.

4. Being aggrieved by the said condition, petitioner

filed Criminal Petition No.8182/2017 before this Court,

which came to be dismissed on 22.11.2017. The

petitioner has again come up before this Court for the

same relief contending that since two years, respondent

– Police have not filed the charge sheet.

5. Learned Government Pleader submits that since

co-accused filed Criminal Petition No.735/2017 and in

that case, interim order is granted staying the further

proceedings against accused Nos.2 to 4, charge sheet

could not be filed.

6. Petitioners in Criminal Petition No.735/2017

are none else but his mother, sister, etc. The

proceedings in the case are stayed against accused
CRL.P.NO.7538/2018
4

Nos.2 to 4. However, since petitioner is resident of

Shivamogga District and a Doctor by profession, it

would be just and appropriate to reduce the frequency

of the attendance. Therefore, petition is partly allowed.

The impugned condition No.4 of the order dated

9.11.2016 in Cri.Misc.No.7471/2016 passed by the XLV

Additional City Civil and Sessions Judge, Bengaluru

City, is modified as follows:

“The petitioner shall mark his attendance in the

respondent – Police Station on first Sunday of each

month between 10.00 a.m. and 8.00 p.m. till filing of

the final report.”

Sd/-

JUDGE

KNM/-

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