IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4972/2019 BETWEEN:
1. SRI.K.N BALASUBRAMANYAM S/O LATE. K.N. NAGARAJ AGED ABOUT 63 YEARS DIRECTOR SUBRAMANYA CONSTRUCTION AND DEVELOPMENT COMPANY LIMITED NO.42. 3RD CROSS, INDUSTRIAL SUBURB 2ND STAGE, YESHWANTHPUR BENGALURU-560 0022.
2. SRI. NAGESH BALASUBRAMANYAM S/O K.N. BALASUBRAMANYAM AGED ABOUT 32 YEARS DIRECTOR SUBRAMANYA CONSTRUCTION AND DEVELOPMENT COMPANY LIMITED NO.42. 3RD CROSS, INDUSTRIAL SUBURB 2ND STAGE, YESHWANTHPUR BENGALURU-560 0022.
3. SRI.M. CHANDRA SEKAR S/O LATE M KRISHNAMA NAIDU AGED ABOUT 54 YEARS DIRECTOR SUBRAMANYA CONSTRUCTION AND DEVELOPMENT COMPANY LIMITED NO.42. 3RD CROSS, INDUSTRIAL SUBURB 2ND STAGE, YESHWANTHPUR BENGALURU-560 0022.
…PETITIONERS (BY SRI.A.SAMPATH, ADV. FOR SRI.NATARAJ R., ADV.) AND:
SUPERINTENDENT (AE-II) OFFICE OF THE PRINCIPAL COMMISSIONER OF SERVICE TAXES SERVICE TAX-1 COMMISSIONERATE BMTC BUILDING DOMLUR BENGALURU-560 071.
...RESPONDENT (BY SRI.JEEVAN J NEERALGI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO MODIFY AND DELETE CONDITION PETITION NO.4 AS STIPULATED IN THE ORDER DATED:29.06.2016 IN CRIMINAL PETITION NO.4430/2016 PASSED BY THIS HON’BLE COURT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed for relaxation of condition No.IV imposed by this court while granting anticipatory bail to the petitioners in Crl.P.No.4430/2016 vide order dated 29.6.2016. The said condition No.4 reads thus:
“iv. The petitioners shall also mark their attendance once in 15 days on any Friday between 9.00 AM to 5.00 PM before the jurisdictional police station till the submission of the final report or the investigation is completed, whichever is earlier.”
2. The respondents’ counsel orally objected for the same.
3. However, after hearing both the counsel, it is clear that though investigation began in the year 2016, the charge sheet is not yet filed. The entire amount appears to have been paid to the respondent by the petitioners. Hitherto, the petitioners have adhered to the said conditions. Therefore, I find it just and necessary to relax the said condition.
4. Accordingly, the petition is allowed. The condition No.IV imposed by this court while granting anticipatory bail to the petitioners in Crl.P.No.4430/2016 vide order dated 29.6.2016, is hereby relaxed.
Sd/- JUDGE DM