2022 Supreme(Online)(Kar) 62092
- 1 -
CRL.P No. 11985 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 11985 OF 2022
BETWEEN:
1.
SRI. AMBUJA R.,
W/O MUNIRAJU K.C.,
AGED ABOUT 35 YEARS,
OCCUPATION:TAHSILDAR,
R/A KANTANAKUNTE,
MALLATHALLI POST,
BENGALURU RURAL DISTRICT,
BENGALURU 3 561 203.
&PETITIONER
(BY SRI. CHETAN DESAI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
BY SRINGERI P.S.,
SRINGERI.
REPRESENTED BY STATE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE 3 560 001.
&RESPONDENT
(BY SMT.K.P.YASHODHA, HCGP)
THIS CRL.P. IS FILED U/S.439(1)(b) CR.P.C PRAYING TO
RELAX AND MODIFY THE BAIL CONDITION NO.IV AS IMPOSED
Digitally signed by
PADMAVATHI B K
Location: HIGH COURT
OF KARNATAKA
- 2 -
CRL.P No. 11985 of 2022
BY THIS HONBLE COURT IN CRL.P.NO.2608/2022 DATED
12.05.2022 IN SO FAR AS TO MARK HER ATTENDANCE ON
EVERY THIRD SUNDAY BETWEEN 10.00 A.M AND 2.00 P.M TILL
THE FINAL REPORT IS FILED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
Heard Sri. Chetan Desai, learned counsel appearing for
the petitioner, Smt. K.P. Yashoda, learned HCGP appearing for
the respondent and perused the materials on record.
2.
The petitioner is before this Court seeking the
following prayer:
"Wherefore, the Petitioner most humbly prays that
this Hon'ble Court may kindly be pleased to relax and
modify the bail condition No.IV as imposed by this
Hon'ble court in criminal petition no.2608/2022 dated
12.05.2022, in so far as to mark her attendance on
every third SUNDAY between 10.00 A.M and 2.00 P.M.
till the final report is filed in the interest if justice."
3.
The prayer that is sought in the petition is for grant
of relaxation and modification of bail condition No.IV imposed in
Crl.P.2608/2022 disposed on 12.05.2022. The reason for
seeking such relaxation is the judgment of a Co-ordinate Bench
in the same crime concerning other accused in Crl.P.2510/2022
- 3 -
disposed on 03.06.2022. The Co-ordinate Bench has passed
the following order:
"7.
In view of the discussions made above, I
pass the following:
ORDER
The petition is allowed.
The petitioners shall be released on bail in respect
of Crime No.06/2022 registered by the Sringeri Police
Station, Chikkamagaluru for the offence punishable
under Section 192(A) of the Karnataka Land Revenue Act
and Sections 120(B), 409, 420, 466 and 468 r/w 34 of
IPC, subject to the following conditions:-
(i)
The petitioners shall surrender themselves
before the Investigating Officer within ten
days from the date of receipt of a certified
copy of this order and shall execute a
personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) each, with two
sureties for the like-sum to the satisfaction
of the concerned Investigating Officer.
(ii)
The
petitioners
shall
not
indulge
in
hampering the investigation or tampering
the prosecution witnesses.
(iii)
The petitioners shall co-operate with the
Investigating
Officer
to
complete
the
investigation and they shall appear before
the Investigating Officer, as and when called
for.
(iv)
The
petitioners
shall
not
leave
the
jurisdiction
of
the
Investigating
Officer
without prior permission till the charge
sheet is filed or for a period of three
months, whichever is earlier.
- 4 -
(v)
The petitioners shall mark their attendance
once in a month i.e., on 30th of every month
between 10.00 a.m. and 5.00 p.m., before
the Investigating Officer for a period of
three months or till the charge sheet is filed,
whichever is earlier.
4.
Condition No.(v) in para 7 is nothing to what is
imposed in the Crl.P.2608/2022. The only difference is the
petitioners therein are permitted to mark their attendance once
in a month on the 30th of every month between 10.00 a.m.
and 5.00 p.m. Therefore, the condition that was imposed
earlier is modified to the one that is granted by the Co-ordinate
Bench. The condition No.IV shall now read as follows:
"The petitioner shall mark her attendance once in a
month i.e., on 30th of every month between 10.00 a.m.
and 5.00 p.m., before the Investigating Officer for a
period of three months or till the charge sheet is filed,
whichever is earlier".
Accordingly, criminal petition stands disposed.
Ordered Accordingly.
Sd/-
JUDGE
JY