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2019 Supreme(Kar) 2137

P.S.DINESH KUMAR
Paramahamsa Nithyananda Swamy @ Rajashekaran – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
C.V. Nagesh, Adv., Sandesh J Chouta, Adv., Ravi B Naik, Adv., Vijetha R Naik, Adv.

JUDGMENT :

P.S. Dinesh Kumar, J. - These two petitions have been presented by accused No.1 and 3 in S.C.No.86/2014 on the file of III Addl. District & Sessions Judge, Ramanagara, challenging order dated 06.09.2018, rejecting their applications filed under Section 317 Cr.P.C, and issuing Non-Bailable Warrants against them.

2. Heard Shri C.V.Nagesh, learned Senior Advocate for accused No.1, Shri Ravi B.Naik, learned Senior Advocate for accused No.3 and Shri Sandesh J.Chouta, learned Additional Advocate General for the State.

3. Briefly stated the facts of the case are, accused No.1 filed an application under Section 317 of Cr.P.C. on 06.09.2018 with a prayer to exempt his personal appearance for the day inter alia on the ground that, he was observing 'Chathurmasa', a spiritual practice to be observed by all Sanyasis; that he was doing 'Chathurmasa Parikrama' on the bank of Narmada river, where he had to perform religious rituals in certain temples; that he had fallen ill at Varanasi and after he recovered from illness, he continued his 'Parikrama', and that he could not wind-up the 'Parikrama' as it is against spiritual/religious tenets.

4. Learned Sessions Judge rejected the said applic

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