IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6284 OF 2019 BETWEEN:
1. NADEEM ARIF, S/O RAHMAN MOHAMMED ATTAULLAH, AGED ABOUT 35 YEARS, R/O NO.33, FATEH REGENCY, 3RD FLOOR, FLAT NO.3B, SRI RAMA MANDIR ROAD, BASAVANAGUDI, BENGALURU SOUTH, BENGALURU – 560 004.
2. SMT.MEHARNAZ, W/O RAHMAN MOHAMMED ATTAULLAH, AGED ABOUT 58 YEARS, R/O NO.33, FATEH REGENCY, 3RD FLOOR, FLAT NO.3B, SRI RAMA MANDIR ROAD, BASAVANAGUDI, BENGALURU SOUTH, BENGALURU – 560 004.
3. SMT.NAZIYA TABASSUM D/O RAHMAN MOHAMMED ATTAULLAH, AGED ABOUT 32 YEARS, R/O NO.33, FATEH REGENCY, 3RD FLOOR, FLAT NO.3B, SRI RAMA MANDIR ROAD, BASAVANAGUDI, BENGALURU SOUTH, BENGALURU – 560 004. ...PETITIONERS (BY SRI. SWAROOP.T., ADVOCATE) AND:
THE STATE BY POLICE INSPECTOR WOMAN POLICE STATION, EAST ZONE, PULAKESHINAGAR SUB-DIVISION, BENGALURU – 560 051 REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. ...RESPONDENT (BY SRI. ROHITH.B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(b) OF CR.P.C PRAYING TO SET ASIDE OR MODIFY CONDITION NO.1 IMPOSED BY THE LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-72 PASSED IN THEIR ORDER DATED 14.08.2019 PASSED IN CRL.MISC.NO.6874/2019 IN SO FAR AS IT DIRECTS THE PETITIONERS TO APPEAR BEFORE THE INVESTIGATION OFFICER ONCE IN A MONTH PREFERABLY ON 28TH OF EVERY MONTH TILL THE FILING OF THE FINAL REPORT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
* * * * ORDER Heard the learned counsel for the petitioners and learned HCGP for the Respondent-State. Perused Condition No.1 imposed by the 71st Additional City Civil and Sessions Judge, Bengaluru in Crl.Misc.No.6874/2019, which is sought to be relaxed. The said condition reads thus:
“1. The petitioners shall make themselves available for interrogation by the I.O. as and when required till the final report is filed. Further, they shall assist the I.O. in further investigation of the case. They shall appear before the I.O. in the Police Station once in a month preferably on the 28th day of every month between 10.00 a.m. and 5.00 p.m. commencing from 28.08.2019 till the completion of investigation”.
2. Learned counsel for the petitioners submits that as the petitioners herein are gainfully employed in Riyadh, Saudi Arabia. they have left the Country as per the VISA provided to them in order to safeguard their employment. Therefore, if the condition is not relaxed, they will suffer great injustice and inconvenience. It is submitted that the petitioners are coming down to India in the month of January 2020 and they will appear before the jurisdictional Court and thereafter, if they want to leave the Country, they will furnish their itinerary and take permission of the jurisdictional Magistrate.
3. In view of the above undertaking and submission made by the learned counsel for the petitioners, I am of the opinion that the condition imposed by the 71st Additional City Civil and Sessions Judge, Bengaluru in Crl.Misc.No.6874/2019 arising out of Crime No.37/2019 deserves to be relaxed to the extent that “the petitioners shall make themselves available for interrogation by the I.O. as and when required till the final report is filed. Further, they shall assist the I.O. in further investigation of the case. They shall appear before the I.O. in the Police Station once in a month preferably on the 28th day of every month between 10.00 a.m. and 5.00 p.m. commencing from 28.08.2019 till the completion of investigation”. Further, as per the undertaking given before this Court, the petitioners as soon they come to India in the month of January 2020, they have to appear before the Jurisdictional Magistrate and furnish their itinerary thereafter. Accordingly, this petition is allowed.
Sd/- JUDGE DH