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2023 Supreme(Online)(KAR) 23096
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.10722 OF 2022
BETWEEN
N G GIRISH
S/O LATE GANGARAMAIAH
AGED ABOUT 41 YEARS
R/AT NO. 164,
ANDRAHALLI MAIN RAOD,
D GROUP LAYOUT
LINGADEERNAHALLI,
BANGALORE 560 091
... PETITIONER
(BY SRI M SHARASS CHANDRA, ADVOCATE)
AND
STATE OF KARNATAKA
BY DOBASPETE P.S
(REPRESENTED BY SPP)
HIGH COURT OF KARNATAKA
AT BANGALORE 560 001
...RESPONDENT
(BY SRI R.D. RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.77/2020
REGISTERED BY DOBBESPET POLICE STATION, BENGALURU
DISTRICT FOR THE OFFENCE P/U/S 302 AND 201 OF IPC
PENDING ON THE FILE OF IX ADDITIONAL DISTRICT AND
SESSIONS JUDGE BENGALURU RURAL AT BENGALURU IN
S.C.NO.175/2021.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
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A court may allow an accused person to be escorted to a specific location for a limited time to execute a legal document, even if bail is denied.
Headnote:
Fact of the Case:
The petitioner, an accused in a murder case, filed a petition for regular bail under Section 439 of the Code of Criminal Procedure (CrPC). The petitioner sought bail to execute a sale deed to repay a loan from the Janatha Credit Co-operative Society Limited.
Finding of the Court:
The court rejected the petitioner's bail petition on merits but allowed the petitioner to be escorted to the Sub-Registrar Office at Koratagere for one day to execute the sale deed.
Issues: Whether the petitioner should be granted bail to execute a sale deed to repay a loan.
Ratio Decidendi: The court considered the petitioner's need to execute the sale deed to repay the loan and allowed the petitioner to be escorted to the Sub-Registrar Office for one day for this purpose.
Final Decision: The court rejected the petitioner's bail petition but directed the Chief Superintendent of Bengaluru Central Jail to provide an escort to take the petitioner to the Koratagere Sub-Registrar Office to execute the sale deed.
Learned High Court Government Pleader accepts
notice for the respondent - State.
2.
This petition is filed by the petitioner-accused
under Section 439 of Cr.P.C., for granting regular bail in
Crime No.77/2020 registered by Dobbespet Police Station,
Bengaluru, pending on the file of IX Additional District and
Sessions
Judge,
Bengaluru
Rural,
Bengaluru
in
S.C.No.175/2021, for the offences punishable under
Sections 302, 201 of IPC.
3.
Heard the arguments of learned counsel for the
petitioner and learned High Court Government Pleader for
the respondent-State.
4.
Having heard the arguments of learned counsel
and on perusal of the records, which reveals, this Court
has already rejected the bail petition of this petitioner on
merits by detailed order. However, the learned counsel for
the petitioner submits that the petitioner is required to
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repay the loan amount to the Janatha Credit Co-operative
Society Limited and the petitioner and his family members
is having ancestral property in his village. Now, the family
members have decided to sell the property, so as to clear
the loan amount. Hence, in order to execute sale deed in
favour of the petitioner, it is very much necessary to send
the petitioner for one day with escorts at his own cost.
Therefore, the learned counsel for the petitioner prayed to
direct the Jail Authorities to take the petitioner for one day
to the Sub-Registrar Office at Koratagere, Koratagere
Taluk with proper escort at his own cost and to bring him
back to the prison for the purpose of executing the sale
deed in favour of the third parties.
5.
Considering the facts and circumstances of the
case, though the petitioner has sought for granting bail,
but he has restricted his relief for giving escort for taking
him to the Koratagere for execution of the sale deed for a
day in his cost.
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6.
Hence, considering the same, the petition filed
by petitioner-accused No.1 for granting bail is hereby
rejected.
7.
However,
the
Chief
Superintendent
of
Bengaluru Central Jail, Parappana Agrahara is directed to
provide escort and take him to the Koratagere Sub-
Registrar Office for the purpose of executing the sale deed
in favour of third parties by this petitioner at his own cost.
8.
Liberty is granted to fix the date by the Jail
Superintendent as per the convenience of the petitioner.
Sd/-
JUDGE
GBB
