IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.4271 OF 2019 BETWEEN:
1. SRI UCHHILA DEVARAJ KUMAR S/O U.V.ACHARYA AGED ABOUT 45 YEARS R/AT NO.330, 8TH CROSS 2ND STAGE, 6TH BLOCK NAGARABAVI, BENGALURU – 560 072 2. SMT.DIVYA W/O UCHHILA DEVARAJ KUMAR AGED ABOUT 40 YEARS R/AT NO.330, 8TH CROSS 2ND STAGE, 6TH BLOCK NAGARABAVI BENGALURU – 560 072 ... PETITIONERS (BY SRI DHARMAPAL, ADVOCATE) AND THE STATE OF KARNATAKA SAGAR TOWN POLICE STATION SAGAR, SHIVAMOGGA DISTRICT- 577 401 ...RESPONDENT (BY SRI I.S.PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(b) OF CR.P.C PRAYING TO SET ASIDE THE CONDITION NO.V “THEY SHALL MARK THEIR ATTENDANCE BEFORE THE INVESTIGATING OFFICER ON EVERY SUNDAY TILL THE COMPLETION OF INVESTIGATION” IMPOSED IN THE ANTICIPATORY BAIL ORDER PASSED ON 14.01.2019 IN CRL.P.NO.7809/2018 IN RESPECT OF CR.NO.139/2016 DATED 26.10.2016 OF SAGAR POLICE SHIVAMOGGA DISTRICT FOR THE ALLEGED OFFENCE P/U/S 504, 506 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.1 and 2 in Cr.No.425/2016 of Sagar Town Police Station which arises out of PCR No.139/2016 on the file of the Principal Civil Judge and J.M.F.C., Sagar. The offences alleged against the petitioners are punishable under Sections 504, 506, 420 read with 34 IPC.
2. This Court, vide order dated 14.01.2019 in Crl.P.No.7809/2018 granted anticipatory bail to the petitioners in the said case with certain conditions. Condition No.5 is that they shall mark their attendance before the Investigating Officer on every Sunday till the completion of investigation.
3. Petitioners contend that they are residents of Bengaluru and charge sheet is not filed. They further contend that petitioner No.2 has tender aged child and marking attendance every week is causing hardship to them.
4. Major offence is one under Section 420 of IPC. Maximum punishment prescribed for the said offence is imprisonment of 7 years. For more than six months, charge sheet not filed.
5. Under the aforesaid facts and circumstances, it is just and appropriate to relax condition No.(v). Therefore, petition is allowed.
Condition No.5 of the order dated 14.01.2019 in Crl.P.7809/2018 for marking attendance before the investigating officer on every Sunday till completion of investigation is hereby relaxed.
Sd/- JUDGE KG