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State By Sringeri Police vs Prakash B N on 11 June, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.544 OF 2018

BETWEEN :

State by Sringeri Police,
Sringeri Taluk, Represented by
State Public Prosecutor,
High Court Building,
Bengaluru-560001.
…Petitioner
(By Sri.S.Vishwa Murthy, HCGP)

AND :

Prakash B.N.
S/o. Late Nagesha,
Aged about 29 years,
R/o. Mallappana Street,
Sringeri Town, Sringeri Taluk,
Chikkamagaluru District-565201
…Respondent
(By Sri. K.Prasanna Shetty, Advocate)

This Criminal Petition is filed under Section 439(2)
Cr.P.C praying to cancel the bail order dated 23.08.2017
passed by this Hon’ble Court, enlarging the accused-
respondent on bail in Crl.P.No.5248/2017 in connection
with Cr.No.58/2017 of Sringeri Police Station, for the
offences charge sheeted under
Sections 493, 496, 498A,
-2-

376(2)(K) of IPC and direct that the accused be arrested
and committed to custody.

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

ORDER

The State has sought for cancellation of bail for

violation of condition No. (iii) of the bail order dated

23.8.2017 in Criminal Petition No. 5248/2017. The

condition reads as under : –

“(iii) He shall mark his attendance
before the S.H.O. of the respondent-police on
every Wednesday till the conclusion of the
trial.”

2. It is stated that the petitioner appeared before

the investigation officer only on 1.11.2017 and 29.11.2017

as evidenced in the extract of the attendance book

produced along with the petition.

3. The respondent has filed statement of objections

wherein he has stated that he has not violated any of the
-3-

conditions imposed by this court and that he has marked

his attendance before the Sringeri Police every

Wednesday.

4. Respondent has not countered the allegation that

except on 1.11.2017 and 29.11.2017 he did not mark his

attendance in the Sringeri Police Station. Therefore, prima

facie it is shown that the petitioner has violated the

conditions imposed by this court. If for any reason the

petitioner was unable to appear before the court or that he

was under the impression that after the submission of the

charge sheet he was not required to appear before the

investigation officer, the proper course for the petitioner

was to seek for modification of the condition imposed by

this court. That having not been done, the material on

record clearly manifests that the petitioner has violated

condition No. (iii) imposed by this court. As a result, the

bail order is liable to be cancelled. Consequently, the

petition is allowed. The bail granted to the petitioner

pursuant to the order dated 23.8.2017 in Criminal Petition
-4-

No. 5248/2017 is cancelled. Petitioner is directed to

surrender before the court and he shall be taken into

custody. However, it is open to the petitioner to seek for

modification of condition No. (iii), if advised.

Sd/-

JUDGE

ckl

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