1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5769 OF 2018

BETWEEN

Sri. Shivarayappa Hirehal
S/o. Late Hirehal,
Aged about 79 years,
Senior Citizen Benefit not claimed.
R/at Sneha Kunja Building,
K.C.Park Road,
Opp. Tagaregere Nursing Home,
Dharwad-580008.
…Petitioner
(By Sri. K.Rahul Rai, Advocate for
Sri. M.Aruna Shyam, Advocate)

AND

The State of Karnataka
By Channammanakere
Achukattu Police Station,
Bengaluru City
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.
…Respondent
(By Sri. Chetan Desai, HCGP)
2

This Criminal Petition is filed under Section 439(1)(b)
of Cr.P.C. praying to relax the condition No.1 insisting the
petitioner to “Appeal before I.O. in the Police Station once
in two months preferably 8th day of every alternative
month between 10am to 5pm till the completion of
investigation” by vide order dated 24.04.2018, passed by
the Principal City Civil and Session Judge, Bangalore in
Crl.Misc.No.3072/2018, produced at document No.1.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

The petitioner is accused No.2 in Cr.No.436/2017

registered by the respondent police for the offences

punishable under Sections 3 and 4 of Dowry Prohibition Act

and Section 498A and 509 of IPC.

2. Accused no.2,3 and 4, including the petitioner

obtained anticipatory bail from the Sessions Court on

24.04.2018. At the time of granting anticipatory bail the

Sessions Court imposed six conditions, of which condition

No.1 is that the accused should appear before the

investigation officer once in two months, preferably on 8th

day of every alternate month between 10.00 a.m. and

5.00 p.m. commencing from 08.05.2018 till completion of
3

investigation. The petitioner applied for modification of

this condition No.1 by filing an application before the

Sessions Court. The petitioner gave his health reasons for

being unable to comply with condition No.1. The Sessions

Court observed that the petitioner did not comply with

condition No.1 and therefore rejected the said application.

Hence the petitioner is before this court.

3. The learned counsel for the petitioner produces an

endorsement issued by the police inspector of

Channamanakere Achukattu Police Station. This

endorsement shows that the petitioner appeared before

the investigation officer on 29.08.2018 for the purpose of

investigation. On 07.05.2018 the petitioner and other

accused again went to police station along with the order

of anticipatory bail and they again appeared on

08.07.2018 before Investigation Officer as per the

directions of the court. Therefore this endorsement shows

compliance of condition No.1. It appears that this was not

brought to the notice of the Sessions Court Judge and this
4

was the reason for rejecting the said application. Further

it is stated that the petitioner is aged about 79 years and

he is not keeping good health. Medical certificate and

photographs are produced. The learned High Court

Government Pleader submits that investigation is pending

because of abscondance of accused no.1. He does not say

that the participation of the petitioner is still necessary for

completing the process of investigation. Therefore having

regard to all these circumstances, I am of the opinion that

condition no.1 imposed by Sessions Court can be relaxed.

The petitioner need not appear before the police station on

8th day of every alternate month. However, he has to

appear before the investigation officer whenever required

for completing the process of investigation.

Sd/-

JUDGE

sd