IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 1287/2019 BETWEEN:
P.H.Dayananda, S/o Huchanna, Aged about 46 years, R/at #1, 1st Cross, Saibaba Road, Banagiri Nagar, Kathriguppe, Banashankari III Stage, Bengaluru – 560085. ...Petitioner (By Smt.Nalina.K, Advocate for Sri.S.K.Venkata Reddy, Advocate) AND:
State of Karnataka, By Lokayuktha Police Wing, City Division, Bengaluru.
Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560001. ... Respondent (By Sri.B.S.Prasad, Standing Counsel) This Criminal Petition is filed under Section 439(1)(b) of Cr.P.C praying to relax the additional condition imposed on the petitioner that “The petitioner shall not participate in the business of Bhavani Housing Co-operative Society Ltd., till the conclusion of the trial of the case, registered against the accused persons”, in the order dated 08.08.2016, in Crl.P.No.4640/2016, by this Hon’ble Court.
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.2 for relaxation of additional condition imposed by this Court by order dated 08.08.2016 in Crl.P.No.4640/2016.
2. I have heard the learned counsel for the petitioner and the learned Standing Counsel for respondent-State.
3. It is the submission of the learned counsel for the petitioner that this Court by order dated 08.08.2016 has imposed the condition while granting bail and the same may be relaxed to participate in the business of the society.
4. It is the submissions of the learned Standing Counsel that already petitioner/accused has approached this Court in Crl.P.No.9140/2017 and this Court after considering the material facts and circumstances by order dated 11.01.2018 has dismissed and has not relaxed the condition and no appeal has been preferred against the said order and there are no good grounds to entertain the 2nd petition on the same grounds.
5. I have perused the records and as per Paragraph Nos.8 and 9 of the said petition, it has been observed as under:
“8. So far as other conditions, which have been observed by this Court by order dated 08.08.2016 passed in Crl.4640/2016 at page No.14 of its order regarding the participation of the petitioner in the business of said Society is concerned, this Court has taken note of the antecedents and the entire merits of the case before granting bail order and after noticing those factual aspects, this Court has observed that in addition to said conditions, petitioner/accused No.2 shall not participate in the business of Bhavani Housing Co-operative Society till conclusion of trial of the case registered against the accused persons.
9. Therefore, now looking to the averments in the complaint, petition and the objections statement filed by the other side, at this stage, I am of the opinion that it is not necessary to modify the additional conditions at page No.14 of the order dated 08.08.2016 passed in the Crl.P.4640/2016.”
6. By going through the said paragraphs this Court has already taken view and has come to the conclusion that it is not necessary to modify the additional condition imposed by this Court on 08.08.2016 passed in Crl.P.No.4640/2016 and the said facts and circumstances, I feel that no changed circumstances are there and petition is dismissed.
Sd/- JUDGE NS