IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1368 OF 2019 BETWEEN:
SRI ARUL ANNAMALAI AGED ABOUT 50 YEARS S/O SRI ANNAMALAI RESIDING AT NO.905, FERNS PARADISE DODDANIGUNDI OUTER RING ROAD BENGALURU-560 037 ... PETITIONER (By Sri. RAGHAVENDRA K, ADVOCATE) AND:
STATE OF KARNATAKA BY CUBBON PARK POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 ... RESPONDENT (By Sri. VIJAYAKUMAR MAJAGE, ADDL. SPP) THIS CRL.P IS FILED U/S.439(1)(b) OF CR.P.C PRAYING TO RELAX BAIL CONDITION NO.(v) "HE SHALL NOT LEAVE BENGALURU CITY WITHOUT PRIOR PERMISSION" PASSED BY THIS HON'BLE COURT ON 05.10.2016 IN CRL.P.NO.6776/2016.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
2. The petitioner has sought relaxation of condition No.5 imposed by this Court in its order dated 05.10.2016 in Criminal Petition No.6776/2016. The condition No.(v) reads as follows:
“(v) He shall not leave Bangalore city without prior permission.”
3. It is submitted that the matter is still under investigation. Undisputedly, the FIR was registered against the petitioner under Sections 406, 409, 420 and 477A of IPC on 21.08.2016. Since the Investigating Agency has failed to complete the investigation, the above condition is working to the detriment to the interest of the petitioner. Even otherwise having regard to the nature of accusation leveled against the petitioner, in my view, the said condition does not require to be continued. Hence, the petition is allowed. Condition No.(v) imposed by this Court is eschewed.
Sd/- JUDGE cp*