The petitioner/accused No.6 has filed this petition

under Section 439(1)(b) of Cr.P.C. seeking modification

of the order dated 09.12.2021 passed in Criminal Petition

No.102291/2021 in respect of appearance before the

investigating officer within 15 days and execute bond and

marking of attendance on every Sunday for a period of

two months by extending time of 15 days for appearance

before investigation officer and relaxation of marking

attendance on every Sunday.

2.

The petitioner/accused No.6 had filed Criminal

Petition No.102291/2021 under Section 438 of Cr.P.C.

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seeking anticipatory bail in Hubballi Town Police Station

in Crime No.103/2021 for the offence punishable under

Section 20(b) (ii) of NDPS Act, 1985. This Court vide

order dated 09.12.2021 has allowed the said petition

subject to compliance of the following conditions:

(i)

The

petitioner/accused

No.6

shall

execute a personal bond for a sum of

Rs.1,00,000/- (Rupees One lakh only)

with one surety for the likesum to the

satisfaction

of

the

Investigating

Officer/jurisdictional Court.

(ii)

The

petitioner/accused

No.6

shall

voluntarily

appear

before

the

Investigating Officer within fifteen days

from this day and execute personal

bond.

(iii)

The petitioner/accused No.6 shall remain

present

before

the

police

station

concerned on every Sunday between

10:00am and 2.00pm and mark her

presence for a period of two months or

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till filing of the final report, whichever is

earlier.

(iv)

The petitioner/accused No.6 shall co-

operate in the investigation and make

herself

available

for

interrogation

whenever required.

(v)

The petitioner/accused No.6 shall not

directly

or

indirectly

make

any

inducement, threat or promise to any

witness acquainted with the facts of the

case so as to dissuade him from

disclosing such facts to the Court or to

any Police Officer.

(vi)

The petitioner/accused No.6 shall not

obstruct

or

hamper

the

police

investigation and not to play mischief

with the evidence collected or yet to be

collected by the police.

3.

The petitioner did not comply condition Nos.2, 3

and 4. The petitioner has mentioned in the petition that

she was working at Delhi, unable to undertake journey to

Hubli and after return she was unable to furnish the surety,

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to mark her attendance and the time fixed by this Court has

expired.

4.

He further contended that the petitioner is

orphan lady and is unable to furnish the surety in time and

due to non furnishing of surety within time, she was not

able to appear before the investigating officer within 15

days.

5.

Learned counsel for the petitioner submitted that

for the aforesaid reasons, the petitioner could not be able to

appear before the investigating officer and could not furnish

the surety and not able to comply the conditions imposed

by this Court.

6.

It is further submitted that the petitioner is

ready to furnish surety and co-operate with investigating

officer. It is his further submission that the investigating

officer has already filed charge sheet and the case is

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registered in Special case No.103/2021 and it is pending

before the Prl.District Judge and Special Judge, Dharwad.

7.

Learned HCGP would contend that the petitioner

has no respect to the Court orders and she has failed to

comply with the conditions imposed by this Court and also

failed to co-operate with the investigating officer in

investigation. Therefore, she is not entitled for relief as

sought for in the petition.

8.

The Petitioner is orphan lady earlier residing in

Delhi and she was unable to furnish the surety after her

return.

Accepting the said grounds, the prayer sought by

the petitioner can be considered.

Hence, the following:

ORDER

1.

The petition filed under Section 439(1)(b) of

Cr.P.C. is allowed.

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2.

The time imposed in condition No.2 is extended

by 15 days from today.

3.

The petitioner/accused No.6 is directed to abide

by condition No.1, 5 and 6.

4.

The petitioner/accused No.6 shall co-operate

with the investigating officer for any further

investig