IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 6744 /2016 BETWEEN:
1. Sri.Basavaraju Korawar S/o Hanumantappa Korawar, Aged about 39 years, Residing at Doddanayakan Koppa, Kosugal Plot, Vijayanagar, Dharwad – 08.
2. Sri.Gurupadayya Aged about 39 years, S/o Revannayya Mathod, Residing at Achar Printings, Naymathi Road, Honnali Taluk, Davanagere – 577 004.
(By Sri.Venkatesh R.Bhagat, Advocate) AND:
State by Yelahanka New Town PS In the High Court Represented by State Public Prosecutor.
(By Sri.Vijayakumar Majage, Addl.SPP) ... Petitioners ... Respondent This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the order dated 07.09.2016 passed on application in Cr.No.160/2016 by the I ACMM, Bengaluru at Annexure – A and consequently, permit these petitioners to leave the jurisdiction to facilitate them to visit to petitioner’s native place at Dharwad and Honnali respectively and also to attend the pending criminal cases by allowing this criminal petition.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioners and learned Additional SPP for the respondent.
2. Substantial relief has already been granted to the petitioners by order dated 17.10.2016 and the petitioners have executed indemnity bond as directed by this Court. The said order is made absolute. As a result, the condition No.4 imposed by this Court in its order dated 25.08.2016 in Criminal Petition No.5075/2016 C/w Criminal Petition No.5095/2016 stands relaxed.
3. Even otherwise, this condition has become redundant as investigation is completed and charge sheet is laid before the Court. Petitioners have been appearing before the trial Court regularly. In the event, the petitioners fail to appear before the trial Court, remedy is available to the prosecution to seek for appropriate action before the trial Court. In that view also the condition imposed by the Court at sl.no.4 is not required to be continued. Accordingly, condition No.4 incorporated by this Court in order dated 17.10.2016 stands relaxed.
Petition is disposed of in terms of the above order.
Sd/- JUDGE UN