IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8541/2019 BETWEEN NIKHIL KUMAR ANAND S/O KAPIL RAJ ANAND AGED ABOUT 45 YEARS KRA INFRASTRUCTURE DEVELOPMENT PVT. LTD. NO.C-60, FIRST FLOOR RAMESH NAGAR OPPOSITE METRO STATION GATE NO.4 NEW DELHI – 110 115 (BY SRI. RAGHUNATH C.M., ADVOCATE) AND THE STATE OF KARNATAKA THROUGH HOSAKOTE POLICE STATION BENGALURU RURAL DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR ADVOCATE GENERAL OFFICE HIGH COURT BUILDING ... PETITIONER BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(b) OF CR.P.C PRAYING TO RELAX THE CONDITION NO.3 i.e – “HE SHALL MARK HIS ATTENDANCE IN THE RESPONDENT POLICE STATION ON THE LAST SUNDAY OF EVERY MONTH BETWEEN 10 A.M. TO 2 P.M. TILL THE CASE IS OVER – IN CRL.MISC.NO.1763/2019 ON THE FILE OF PRINCIPAL SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.
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.3 imposed against the petitioner vide order dated 16.11.2019 passed by the Court of Principal Sessions Judge, Bengaluru Rural District, Bengaluru, in Crl. Misc. No.1763/2019. The said Condition No.3 reads as under:-
“3. He shall mark his attendance in the respondent-Police Station on the last Sunday of every month between 10 a.m., and 2 p.m., till the case is over.”
3. It is submitted by the learned counsel for the petitioner that, a charge sheet has been filed by the respondent-Hosakote Police against the petitioner in connection with Crime No.468/2015, which later culminated in CC No.466/2017 and the petitioner has been appearing before the jurisdictional Court.
4. In view of the above submission, there is no necessity for the petitioner to mark his attendance before the concerned Police Station. Therefore, the said condition No.3 is required to be relaxed.
5. With the above observation, the petition is allowed and the above said condition No.3 is relaxed. The petitioner/accused has to comply with other conditions imposed against him in the above said order.
KGR* Sd/-
JUDGE