IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7578 OF 2018 BETWEEN:
Smt.Swetha.A.F, W/o.Anthony Vinod, Aged about 28 years, Radhakrishna Badavane, Kushalnagar, Somwarpete Taluk, Kodagu District-33. ...Petitioner (By Sri. Pratheep.K.C, Adv.,) AND:
The State of Karnataka, Rep. by Kushalnagar Police Station, Kodagu District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru-01. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 r/w 482 of Cr.P.C., praying to modify the condition “No. (e) she shall move for regular bail within one month from the date of this order, in case if she violates any of the above conditions then bail granted shall automatically stands cancelled” of the bail order dated 18.02.2016 in Crl.Misc.No.20/2016 passed by the I Additional District and Sessions Judge, Kodagu, Madikeri and permit the petitioner to move the regular bail before the trial Court with the same benefit of anticipatory bail in Cr.No.19/2016 on the file of respondent police as ordered in Crl.Misc.No.20/2016 dated 18.02.2016.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The learned counsel for the petitioner-accused submits that due to oversight in the face sheet of the petition, instead of mentioning 439 (1)(b) of Cr.P.C., it has been mentioned as 438 and he may be permitted to carryout the necessary amendment.
2. The said submission has been placed on record and the petitioner-accused is permitted to carryout necessary amendments.
3. This petition has been filed by the petitioner- accused under Section 439(1)(b) of the Cr.P.C. to modify the condition No.(e) imposed by I Additional District and Sessions Judge, Kodagu, Madikeri in Criminal Miscellaneous No.20/2016 by order dated 18.02.2016.
4. It is the submission of the learned counsel for the petitioner that he has applied for anticipatory bail and the said application was allowed and while granting the bail amongst several conditions, condition No.(e) has been imposed, directing the petitioner- accused to move for regular bail within one month from the date of the said order. But the petitioner was under the impression that she has already deposited the misappropriated amount and the police are going to file B-File report to the Court. Hence, she did not move the Court for regular bail and as such she prays to allow the petition and to modify the said bail condition. On these grounds he prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the accused-petitioner after obtaining the bail has not fulfilled the condition. He further submitted that there are no justifiable grounds to modify the bail condition. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the order passed by the trial Court, the trial Court has granted anticipatory bail by order dated 18.02.2016 and imposed certain conditions. Condition No.(e) reads as under:
“e) She shall move for regular bail within one month from the date of this order.”
8. On close reading of the said condition, the condition which has been imposed, itself is not appreciable. No direction can be issued by the Court to appear before the Court and obtain a regular bail within one month from the grant of anticipatory bail. This proposition of law has been well settled by the Hon’ble Apex Court that no such direction can be issued in this behalf. Under the said facts and circumstances of the case, the petitioner –accused has made out a case, so as to allow the petition and to relax the condition.
In the light of the said facts and circumstances, the petition is allowed and the condition No.(e) imposed in the bail order dated 18.02.2016 in Criminal Miscellaneous No.20/2016 passed by the I Additional District and Sessions Judge, Kodagu, Madikeri is modified and relaxed.
Sd/- JUDGE BVK/RG