IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.1643/2019 BETWEEN :
1. SMT. SHANTHAMMA AGED ABOUT 63 YEARS W/O LATE VENKATASWAMAIAH 2. YAMUNA AGED ABOUT 43 YEARS D/O LATE VENKATASWAMAIAH BOHT RESIDING AT NO. 8/15, 2ND MAIN, 2ND CROSS NEAR HOLY MOTHER CONVENT NANDINI LAYOUT BENGALURU-560 096. … PETITIONERS (BY SRI. PRABHUGOUD B. TUMBIGI, ADV.) AND :
THE STATE OF KARNATAKA BY NANDINI LAYOUT POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001. … RESPONDENT (BY SRI. HONNAPPA, HCGP) ---
This Criminal Petition is filed under Section 439(1)(B) of Cr.P.C. praying to set aside the order imposed by the Hon’ble XLV Additional City Civil Court, Bengaluru (CCH-46) by imposing condition Nos. 1 to 6 to the extent mentioned therein in Crl.Misc.No.1062/2019 dated 21.02.2019, for the offence P/U/S 323, 324, 326, 427 354(A), 506 R/W Sec.34 of IPC registered by the respondent police in Crime No. 45/2019 pending on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard the learned counsel for petitioners and the learned Government Pleader for respondent - State. Perused the records.
2. This petition is filed for relaxation of condition No. 1 imposed in Crl.Misc. No. 1062/2019 passed by XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH No. 46) vide order dated 21.02.2019. Condition No. 1 reads as follows:
1. The petitioners shall make themselves available for interrogation by the I.O. as and when required till the final report is filed. Further, they shall assist the I.O. in further investigation of the case. They shall appear before the I.O. in the Police station once in a month preferably on the 7th day of every month between 10.00 a.m. and 5.00 p.m. commencing from 07.03.2019 till the completion of investigation.
3. Said order was passed in February, 2019 and till date charge sheet has not been filed. Therefore, the condition to the effect that `the petitioners shall appear before the I.O. in the Police Station once in a month preferably on the 7th day of every month between 10.00 a.m. and 05.00 p.m. commencing from 07.03.2019 till the completion of investigation’ is hereby relaxed to that extent. Rest of the conditions are not disturbed.
Accordingly, petition is allowed. Consequently, condition No. 1 is relaxed as prayed for.
Sd/- JUDGE.
LRS/MS.