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IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2021
BEFORE:
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.4863 OF 2021
BETWEEN:
1. MR.NAVANEETH
AGED 34 YEARS,
S/O LATE G.K.SIDDE GOWDA
PH: +91 9916009705
2. MRS. JANAKI S.G,
AGED 61 YEARS,
W/O LATE G.K.SIDDE GOWDA,
(BOTH ARE RESIDING AT
“SHRIDHAMA”, OPP.MARPALLI
MAHALINGESHWARA TEMPLE,
VIA. KORANGRAPADY,
UDUPI-574118) … PETITIONERS
[BY SRI. P.P HEGDE, ADVOCATE(VC)]
AND:
THE STATE OF KARNATAKA
THROUGH THE SUB INSPECTOR OF
POLICE, WOMEN’S POLICE STATION,
BASAVANAGUDI,
BENGALURU-560004
(REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001 … RESPONDENT
[BY SRI.VINAYAKA V.S, HCGP]
***
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(b)
CR.P.C., PRAYING TO RELAX THE CONDITION NOS.2 AND 7 IMPOSED
VIDE ORDER DATED 29.04.2021 IN CRL.M.C.NO.3945/2021.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY
THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader takes notice for
respondent-State.
2. Heard the learned counsel for petitioners and learned
High Court Government Pleader for respondent.
3. The petitioners are before this Court aggrieved by
conditions No.2 and 7 stipulated by Sessions Court in Crl.M.C
No.3945/2021 vide order dated 29.04.2021.
4. The petitioners are accused in Crime No.130/2020 of
Women Police Station, Basavanagudi, Bengaluru registered for
offences punishable under Sections 498A IPC and Sections 3 and
4 of DP Act,1961.
5. The Court of XLV Additional City Civil and Sessions
Judge, Bengaluru City, by its order dated 29.04.2021 was
pleased to allow the application filed by the petitioners under
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Section 438 of Cr.P.C. imposing conditions. Condition Nos.2 and
7 reads as under:
“2. The petitioners shall surrender before the
concerned Police within 30 days from the date of this
order without fail.
7. They shall not leave the jurisdiction of this
Court/India without the prior permission of the
concerned Court.”
6. The learned counsel for petitioners has submitted
that in view of the lockdown on account of the pandemic, the
petitioners who are residents of Udupi could not travel in time to
Bengaluru so as to comply the above conditions and therefore
they filed an application for relaxation of those conditions. The
learned Sessions Judge by an order dated 25.05.2021 though
allowed the said application, however, the result is that in view
of the condition that they shall not leave the residential address,
the petitioners who are permanent residents of Udupi are not
able to travel to Bengaluru and appear before the Investigation
Officer.
7. The learned Sessions Judge has directed the
petitioners to surrender before the concerned police within the
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time stipulated in the order and also directed that they shall not
leave the jurisdiction of the said Court. The case is registered in
Bengaluru, therefore obviously petitioners could not leave the
jurisdiction of Udupi so as to surrender before the concerned
Investigation Officer. In the above circumstances, it is just and
necessary to pass necessary orders. Accordingly, the following
ORDER
The criminal petition is allowed.
Condition Nos.2 and 7 passed in Criminal Misc.
No.3945/2021 dated 29.04.2021 as well as condition Nos.2 and
7 passed vide order dated 25.05.2021 are hereby modified.
(i) The petitioners are directed to appear before the
concerned I.O. within 15 days from the date of this
order without fail.
(ii) Condition No.7 insofar as directing the petitioners not
to leave their residential address is hereby relaxed.
However, the petitioners shall take prior permission
of the concerned Court for leaving the country.
Other conditions shall be complied.
Sd/-
JUDGE
HB/-
