IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6163 OF 2019 C/W CRIMINAL PETITION NO.6164 OF 2019 CRIMINAL PETITION NO.6163 OF 2019 BETWEEN:
GOVINDA AGED 39 YEARS S/O LATE VENKATA SHETTY C/O VASANTH VALLABA APT NO.162, 8TH FLOOR, HAPPY VALLEY LAYOUT, SUBRAMANYAPURA BENGALURU-560061 NATIVE ADDRESS: PUSHPAPURA VILLAGE HANURU HOBLI, KOLLEGAL TALUK CHAMRAJNAGAR DISTRICT-571440.
(BY SRI. CHANDRAHASA RAI B, ADV.) AND:
THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION BENGALURU, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001.
(BY SRI. ROHITH B.J. HCGP) - - -
… PETITIONER … RESPONDENT This Criminal Petition is filed under Section 439(1)(b) of Cr.P.C., praying to relax the bail condition No.1 directing the petitioner/accused No.1 to give attendance before the concerned I.O. once in 15 days i.e., preferably on Monday in between 10.00 A.M. to 2.00 P.M. till filling of the charge sheet by permitting him to appear before the I.O. once in 2 months till filing of the charge sheet granted by XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru in Crl.Misc.No.5971/2019 dated 8-7-2019 in CR.No.194/2019 dated 28-6-2019 for the offence P/U/S 20(b) of N.D.P.S. Act, pending in crime stage on the file of XLV Addl. C.M.M. Bengaluru without relaxing all other conditions imposed by the sessions judge.
CRIMINAL PETITION NO.6164 OF 2019 BETWEEN:
SHIVAPPA AGED 40 YEARS S/O CHENNA SHETTY R/AT. B. VILLAGE, KURUHATTI HOSURU POST, HANURU HOBLI KOLLEGALA, CHAMRAJNAGARA-571440. (BY SRI. CHANDRAHASA RAI B, ADV.) AND:
THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION BENGALURU, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001.
(BY SRI. ROHITH B.J. HCGP) - - -
… PETITIONER … RESPONDENT This Criminal Petition is filed under Section 439(1)(b) of Cr.P.C., praying to relax the bail condition No.1 directing the petitioner/accused No.1 to give attendance before the concerned I.O. once in 15 days i.e., preferably on Monday in between 10.00 A.M. to 2.00 P.M. till filling of the charge sheet by permitting him to appear before the I.O. once in 2 months till filing of the charge sheet granted by XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), at Bengaluru in Crl.Misc.No.5966/2019 dated 8-7- 2019 in CR.No.194/2019 dated 28-6-2019 for the offence P/U/S 20(b) of N.D.P.S. Act, pending in crime stage on the file of 45th Addl. C.M.M. Bengaluru without relaxing all other conditions imposed by the sessions judge.
These Petitions coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioners, the learned High Court Government Pleader for the respondent- State and perused the records.
2. The petitioner in Crl.P.No.6163/2019 is arraigned as accused No.1 and petitioner in Crl.P.No.6164/2019 is arraigned as accused No.2 in Crime No.194/2019 on the file of the respondent – police.
3. The petitioners were granted with bail by the learned 33rd Addl. City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru in Crl.Misc. Nos.5971/2019 and 5966/2019 vide orders dated 08.07.2019 respectively.
While granting bail, the condition No.1 which was imposed reads as follows:
“1. Petitioner shall give attendance before the concerned I.O., once in 15 days i.e., preferably on Monday in between 10.00 a.m. to 2.00 p.m., till filing of charge sheet.”
4. The petitioners have sought for relaxation of the said condition.
5. On careful perusal of the entire materials on record and after hearing the learned High Court Government Pleader, it is brought to the notice of the Court that investigation is not yet completed. Therefore, the said condition cannot be absolutely relaxed. However, considering that the petitioners have to attend the respondent – police from a remote area from his village, it is just and necessary to modify the condition directing the petitioners to appear before the Investigating Officer once in a month on any Sunday between 10 a.m. and 2 p.m. Hence, the following order:
The condition No.1 in Crl.Misc.Nos.5971/2019 and 5966/2019 imposed by the 33rd Addl. City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru is hereby modified to the following extent.
The petitioners shall give attendance before the concerned Investigating Officer once in a month i.e. preferably on any Sunday between 10 a.m. and 2 p.m. till the filing of the final report.
Accordingly, the petitions are partly allowed.
Sd/- JUDGE RV