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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.4787/2017
Between:
1. Sri. Mohit Agarwal
S/o Sri. Krishna Kumar Agarwal
Aged about 37 years
R/at Flat No. 1302
Purva Venezia
Yelahanka New Town
Bangalore- 560 64.
2. Sri. Krishna Kumar Agarwal
S/o B.M. Agarwal
Aged about 67 years
3. Smt. Manorama Agarwal
W/o Sri. Krishna Kumar Agarwal
Aged about 65 years
Both are R/at
No. Old DLF Colony Sector 14
Gurgoan
Haryan- 122 001.
…Petitioners
(By Smt. Padmavathi. N, Advocate)
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And
State of Karnataka
Represented by Public Prosecutor
High Court of Karnataka
Bangalore-560001
By Yelahanka New Town Police Station
Bangalore-560064.
…Respondent
(By Sri. Chetan Desai, HCGP.)
This criminal petition is filed under Section 439(1)
of Cr.P.C praying to modify the bail conditions No.2 and
5 which was passed in Crl.Misc.No.2049/2017 dated
27.03.2017 passed by the learned XLV Addl. City Civil
and Sessions Judge, Bengaluru in Cr.No.46/2017 for
the offences p/u/s 498(A), 506, 284 r/w 34 of IPC
before the Yalahanka New Town Police, Bengaluru.
This Criminal Petition coming on for Orders
this day, the Court made the following:
ORDER
Heard the learned counsel for the petitioners and
the learned High Court Government Pleader for the
respondent-State.
2. The petitioners are before this Court seeking
relaxation of the conditions imposed on them by the
Sessions Court while granting anticipatory bail. The
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complainant is none other than the wife of the petitioner
No.1. The petitioners No.2 and 3 are his parents.
3. The allegation is, the case is registered in
respect of offences punishable under Sections 498A,
506, 284 r/w 34 of IPC. The petitioner No.1 is aggrieved
by condition No.2 to the effect that he shall not leave
the jurisdiction of the concerned Court without prior
permission and Condition No.5 is, he shall mark his
attendance before the respondent-police station once in
fifteen days (preferably on Sundays).
4. Petitioners No.2 and 3 are aggrieved by the
condition that they shall mark their attendance before
the respondent police station once in a month
(preferably on Sundays) between 10.00 A.M. and 8.00
P.M till final report is submitted.
5. Smt. Padmavathi. N, learned counsel for the
petitioners submits that the petitioner No.1 is working
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as a Software Engineer in a Private Company and
nature of his employment demands travel outside the
Bangaluru. Petitioners No.2 and 3 are residents of
Haryana and they cannot stay here at Bengaluru for
indefinite period.
6. As per the submissions at the Bar, so far
chargesheet is not filed; the order sought to be relaxed
is dated 27.03.2017; the nature of the allegation do not
demand the appearance of these petitioners before the
investigating officer for further period of investigation.
In that view of the matter, condition Nos. 2 and 5 are
relaxed subject to the petitioners furnishing the details
of their residential address and contact numbers to the
investigating officer.
Accordingly, petition is allowed.
Sd/-
JUDGE
DL