IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1222/2019 BETWEEN:
Fareeha Khan D/o. Aslam Khan Aged about 29 years R/at 2/1, 2nd Cross Artillery Road Gowthamapuram Halasuru Benglauru – 560 039. ... Petitioner (By Sri. B. Lethif, Advocate) AND:
1. The State of Karnataka By Halasuru Police Station Bengaluru City Rep. by SPP, High Court Building Bengaluru – 560 001.
2. Danish Khan S/o. Mohammed Ikran Khan Aged about 32 years R/at: No.15 B, (Part) New No.57/41, Mohini Road Dalanwala, Dehradoon Uttarakhand: 248 001. ... Respondents (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439(2) of Code of Criminal Procedure praying to cancel the bail order dated 08.08.2017 passed in Crl.P.No.5513/2017 (Cr.No.162/2017) of Halasuru Police Station, Bengaluru) for the offences punishable under Sections 376, 420, 493 of IPC pending on the file of X Additional C.M.M., Mayo Hall, Bengaluru.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner in essence seeks for modification of the conditions by way of imposing an additional condition in light of apprehension that accused/respondent No.2 would flee from the jurisdiction of the Court.
2. The petitioner states that respondent No.2 has filed an application before the Court below seeking for an appropriate direction to the Passport Authority to enable renewal of passport and grant additional pages.
3. Learned counsel for the petitioner produces copy of order sheet of the proceedings in S.C.No.1246/2018 and draws attention to the proceedings as recorded on 15.12.2018.
4. Learned counsel for the petitioner states that in the event respondent No.2 obtains renewal of passport, there is a possibility that he may leave the Country and hence, contends that additional conditions ought to be imposed in light of the pending trial.
5. Taking note of the said apprehension, which is not without any reasonable basis and also taking note of the submission of the learned counsel for respondent No.2 that they would co-operate with the trial and that there is no intention to flee from the Country without necessary permission, the order passed enlarging the petitioner on bail stands modified by imposing of additional condition, which is as follows:
“Respondent No.2 shall not leave the country without the permission from the trial Court”.
Accordingly petition is disposed of.
Sd/- JUDGE NR/-