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2022 Supreme(Online)(Kar) 62092

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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

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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

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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.

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(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

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