IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.29 OF 2019 BETWEEN:
Abhishek Thimmaiah S/o late K.P.Appanna R/o 99, ground floor, 2nd Cross, 2nd Main, Nanjappa Layout, Vidyaranyapura, Bangalore-560 097.
(By Sri.K.S.Vishwanath, Advocate for Sri.Gangadharappa, Advocate) AND:
Union of India Narcotics Control Bureau Bangalore Zonal Unit-560 063. Through Intelligence Officer (Represented by SPP) High Court Building, Bangalore-01 (By Smt.Namitha Mahesh B.G., HCGP) …Petitioner ..Respondent This Criminal Petition is filed under Section 439(1)(b) of Cr.P.C. praying to modify the condition No.3 “He shall not leave the jurisdiction of the Court without prior permission” imposed in the order dated 19.09.2018 passed in Crl.P.No.5259/2018 and to permit him to leave the jurisdiction of the Court.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER Petitioner was arrested by the respondent-Police in Crime No.NCB F No.48/1/10/2018/BZU of the Narcotics Control Bureau, Bengaluru for the offences under Section 8(c) read with Sections 20(b), 22, 27, 27A and 28 of NDPS Act.
2. This Court in Crl.P.No.5259/2018, granted bail to the petitioner on 19.09.2018 with certain conditions. Condition No. 3 is as follows:
“iii) He shall not leave the jurisdiction of the Court without prior permission.”
3. Petitioner is seeking relaxation of the said condition on the ground that he is getting married on 30.01.2019 in Guruvayur Temple and he wants to visit his estate in Coorg to look after the same.
4. Learned Special Public Prosecutor opposes the petition on the ground that no material is produced to substantiate the contention of the petitioner.
5. This Court under the aforesaid condition has not totally barred the petitioner leaving jurisdiction of the Court, it is only said that, petitioner has to seek permission of the court to leave the jurisdiction. Court means obviously Trial court. Only that has to be clarified.
6. Having regard to the gravity of the offence, alleged condition cannot be totally relaxed as prayed for. Petitioner shall file necessary application before the trial Court to substantiate his contention and trial Court shall consider such application as and when filed expeditiously. Under the circumstances, condition No.3 is modified as follows:
iii) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the said Court.
The petition is disposed of accordingly.
Sd/- JUDGE SB/-