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.8465/2019 BETWEEN MR. NARESH KUMAR S/O PRADEEP CHAND AGED ABOUT 28 YEARS OCC: ASSISTANT MARKETING MANAGER SK BIKES PVT. LTD. LUDHIANA PUNJAB R/O STREET NO.2, GTB NAGAR VEER PALACE, LUDHIANA – 141 015 ... PETITIONER (BY SRI. DINESHKUMAR K. RAO, ADVOCATE) AND THE STATE OF KARNATAKA BY DODDABALLAPURA TOWN POLICE STATION – 560 203 REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(b) CR.P.C PRAYING TO RELAX/MODIFY THE CONDITION NO.IV THAT IS “THE PETITIONER SHALL NOT LEAVE THE JURISDICTION OF THE TRIAL COURT WITHOUT PRIOR PERMISSION OF THE COURT TILL THE CASE REGISTERED AGAINST HIM IS DISPOSED OF” IN CRL.P.NO.7144/2019 DATED 07.11.2019 PASSED BY THE HONBLE HIGH COURT.
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. The petitioner has filed this petition for relaxation of condition No. (iv) on the ground that, he is the permanent resident of Ludhiyana; for the purpose of the case registered against him, he has been in Bengaluru; he want to go to his place; therefore, he prayed for relaxation of the said condition which is hampering him.
3. The condition No.(iv) imposed by this Court in Criminal Petition No.7144/2019 vide order dated 07.11.2019 reads as under:
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.”
4. The ground taken up for relaxation of the said condition has not been taken-up at the time of passing of the order by this Court. However, as per Condition No. (iii) passed in the said order, the petitioner should attend the Court on all future hearing dates, unless exempted by the Court for any reason. Therefore, I feel it just and proper to relax and modify Condition No.(iv) to the extent that, the petitioner shall not leave India without prior permission of the Court. The modified Condition No.(iv) reads as under:-
(iv) The petitioner shall not leave INDIA without prior permission of the concerned jurisdictional Court, till the case registered against him is disposed of.”
With the above observation, the petition is partly allowed.
Sd/-
JUDGE KGR*