IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8467/2019 BETWEEN MRS. ISHITA SINGH W/O ROHIT SINGH AGED ABOUT 39 YEARS R/AT FF-2, PLOT NO.21 SHAKTI KHAND-3, INDIRAPURAM GHAZIABAD UTTAR PRADESH - 201014 (BY SRI. SIDDHARTH B., ADVOCATE) AND STATE OF KARNATAKA BY VIJAYANAGAR POLICE STATION BENGALURU CITY INVESTIGATED BY POLICE OF CYBER CRIME POLICE STATION (BY SRI. ROHITH B.J., HCGP) ... PETITIONER … RESPONDENT
RELAXING/MODIFYING CONDITION NO.5 VIZ., “THE PETITIONER SHALL NOT LEAVE JURISDICTION OF COURT WITHOUT PRIOR PERMISSION” IMPOSED BY THE HONBLE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU IN CRL.MIS.NO.8937/2019 VIDE ORDER DATED 22.10.2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. This petition is filed for relaxation of Condition No.5 imposed against the petitioner in Crl. Misc. No.8937/2019 vide order dated 22.10.2019 passed by the LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57). The said condition No.5 reads as under:-
“5) The petitioner shall not leave the jurisdiction of the Court without prior permission.”
3. Learned counsel for the petitioner submits that, the petitioner is the permanent resident of Gaziabad at Uttar Pradesh and she was residing with her husband and child in Gaziabad, and because of the said condition imposed by the Court, she was forced to reside in Bengaluru, in one of her relatives house and she has to join her family. The learned counsel also submits that, the petitioner undertakes that, she will not leave India without prior permission of the trial Court and she would abide by all other conditions imposed by the trial Court.
4. In the above circumstances, I feel it just and necessary to relax and modify Condition No.5 noted above, imposed by the trial Court and in substitution of the same, the following condition is imposed:-
“5) The petitioner shall not leave India without prior permission of the trial Court.”
All other conditions imposed by the trial Court are left undisturbed.
Accordingly, the petition is allowed in part.
KGR* Sd/-
JUDGE