IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.7007/2018 BETWEEN:
Manjunatha S/o Rajendra Aged about 40 years R/a 1st Cross, Pavan Colony K.R.Mani Building, B.G.Road, Bengaluru.
(By Sri Shashidhar G., Advocate) AND:
…Petitioner State of Karnataka by Hulimavu Police Station, Bengaluru-560 029 Represented by State Public Prosecutor High Court of Karnataka, Bengaluru-560 001.
…Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439(1)(b) of Cr.P.C praying to modify and relax the condition imposed in Crl.Misc.No.2550/2015 dated 30.05.2015 by the Principal City Civil and Sessions Judge, Bengaluru, or any condition that this Hon’ble Court may be pleased to impose.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.8 under Section 439(1)(b) of Cr.P.C. praying this Court to relax the condition imposed by the Principal City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.2550/2015 dated 30.5.2015.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the records. The learned Principal City Civil and Sessions Judge, Bengaluru while hearing the Crl. Misc. Nos.2550/2015 and 2586/2015, allowed the petitions by order dated 30.5.2015 and a direction was issued as follows:
“This order shall remain in force only for a period of four weeks and if within three weeks the petitioners are not arrested, they shall surrender before the police and seek for regular bail before the V ACMM, Bengaluru’.
4. Whenever anticipatory bail is granted, no such condition shall be imposed on the accused to seek a regular bail before the trial Court or when the charge sheet is filed. The condition so imposed on the petitioner/accused No.8 is contrary to the decision rendered by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharastra and Others reported in AIR 2011 SC 312.
5. Keeping in view the above said proposition of law the condition imposed by the learned Principal City Civil and Sessions Judge, Bengaluru, in Criminal Petition No.2550/2015 dated 30.5.2015 is relaxed.
Accordingly, the petition is allowed and the above condition imposed on the petitioner/accused No.8 is relaxed.
*AP/-
Sd/- JUDGE