IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8549/2019 AND CRL.P. NO.8491/2019 BETWEEN REYAN MARKOSE S/O REYAN, AGED ABOUT: 66 YEARS OCC: BUSINESSMAN LALY DALE, VETTUKOD KADAKAMPALLY VILLAGE TITANIUM POST THIRUVANTHAPURAM KERALA STATE – 695 021 ... PETITIONER (COMMON IN BOTH PETITION) (BY SRI. PRASAD B.S., ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR MANGALURU NORTH POLICE STATION MANGALURU – 575 001 2. THE DEPUTY SUPERINTENDENT OF POLICE AND INVESTIGATION OFFICER, CID FINANCIAL INTELLIGENCE UNIT ANNEXE BUILDING – 1 ROOM NO.1 CARLTON HOUSE, PALACE ROAD BENGALURU – 560 001 KARNATAKA STATE 3. THE SUPERINTENDENT OF POLICE AND INVESTIGATION OFFICER, CID FINANCIAL INTELLIGENCE UNIT ANNEXE BUILDING – 1 ROOM NO.1 CARLTON HOUSE, PALACE ROAD BENGALURU – 560 001 4. THE STATION HOUSE OFFICER MANGALURU NORTH POLICE STATION BUNDUR – MANGALURU CITY KARNATAKA STATE – 570 001 R1 TO R4 ARE RESPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 (BY SRI. HONNAPPA, HCGP) … RESPONDENTS (COMMON IN BOTH PETITION) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 439(1)(B) CR.P.C PRAYING TO MODIFY THE CONDITIONS IMPOSED IN ORDER DATED 14.10.2019 IN CRL.P.NO.6584/2018,ETC AND EXTEND THE TIME TO SURRENDER THE PETITIONER BEFORE THE RESPONDENT.
THESE CRIMINAL PETITIONS 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 Respondents –State. Perused the records.
2. These two petitions are filed seeking for relaxation of Condition No.1 imposed against the petitioner in Criminal Petition Nos.6584/2018 and 6585/2018 vide order dated 14.10.2019. The conditions imposed in the said order are as under:
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.”
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mangaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
3. Learned counsel for the petitioner submitted that, though the respondent-Mangaluru North Police have registered Crime Nos. 31/2015 and 32/2015, the investigation in the matter was done by the CID. Therefore, the trial Court did not entertain the order passed by this Court to release the petitioner/accused on bail, when the petitioner in these two petitions has approached the trial Court for grant of bail under Section 439 of Cr.PC.. But the trial Court, instead of granting bail, posted the case for filing of objections by the other side and it has not even taken the accused person to custody.
4. Though this Court finds some irregularity committed by the trial Court, the only option open to the Court was, after production of the accused to the Court, either it would have taken the accused to the custody or released him on bail. But, that has not been done by the trial Court in these cases.
5. In the above circumstances, this Court is of the opinion that, no injustice would be caused to any of the parties. Therefore, this Court is inclined to grant bail to the petitioner.
6. Since the learned counsel for the petitioner submitted that, in this case, charge sheet has already been filed by the Investigating Authority, at present, it is just and necessary for this Court to modify all the five conditions i.e, Condition Nos. 1 to 5 imposed by this Court. Accordingly, the conditions imposed by this Court vide order dated 14.10.2019 in Crl. P. Nos. 6584/2018 c/w.6585/2018, are replaced with the following four conditions:-
“i) The petitioner shall surrender himself before the concerned trial Court within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.”
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the country- India without prior permission of the trial Court, till the case registered against him is disposed of.”
With the above said observation and modification, the petitions are allowed in part.
KGR* Sd/-
JUDGE