Karnataka High Court
Sachin S/O Siddappa Kabbur vs The State Of Karnataka on 23 August, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23 R D DAY OF AUGUST 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102286/2022
BETWEEN:
SACHIN S/O. SIDDAPPA KABBUR,
AGE: 30 YEARS, OCC: BUSINESS,
R/O. NEAR SARASWATI TALKIES,
KADI BUILDING, ASHWINI NAGAR,
HAVERI - 581110.
... PETITIONER
(BY SRI. K.L.PATIL AND
SRI . S.S .BET URMATH, ADVOCAT ES)
AND:
THE STATE OF KARNATAKA,
THROUGH SIRSI RURAL P.S.,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH - 580011.
... RES PONDENT
(BY SRI. PRAS HAN T V.MOGALI , HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECT ION
439(1)( b) OF CR.P.C., PRAYING T O ALLOW THE PETITION,
EXTEND FURTHER 15 DAYS TIME TO APPEAR BEF ORE THE
INVESTIGATING OFFICER T O FURNISH ONE S URETY AND
ORDER TO EXECUTE PERS ONAL BOND BAIL IN CON NECTION
WITH SIRSI RURAL P.S. CRIME NO.69/ 2021 WHICH IS
REGISTERED F OR THE OFFEN CES PUNISHA BLE UNDER
SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955
READ WITH SECTI ON 34 OF IPC, PENDING ON THE FI LE OF 3 R D
2
JMFC, SIRSI AS PER CONDITION NO.2 IN ORDER DATED
28.10.2021 IN CRL.P.N O.101964/ 2021.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE F OLLOWING:
ORDER
This petition is filed under Section 439 (1) (b) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking extension of time imposed in condition No.2 in the order dated 28.10.2021 passed in Crl.P.No.101964/2021.
2. The petitioner has sought for anticipatory bail in Crime No.69/2021 of Sirsi Rural Police Station registered for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955 read with Section 34 of IPC in Crl.P.No.101964/2021. The said petition came to be allowed by order dated 28.10.2021 directing the petitioner to comply with the conditions, which are as under:
i) The petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the 3 satisfaction of the investigating officer/jurisdictional Court.
ii) The petitioner/accused shall voluntarily appear before the Investigating Officer within 15 days from today and execute personal bond.
iii) The petitioner/accused shall remain present before the police station concerned on every first Sunday of the month for a period of three months or till filing of final report whichever is early.
iv) The petitioner/accused shall cooperate with the investigation and make himself available for interrogation whenever required.
v) The petitioner/accused shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
vi) The petitioner/accused shall not obstruct or hamper the Police investigation and not to play mischief with the evidence collected or yet be collected by the Police.4
3. The petitioner is seeking extension of time imposed in condition No.2 on the ground that there are some family disputes among the family members of the petitioner.
4. Accepting the reasons assigned, the petition requires to be allowed.
Accordingly, I pass the following:
ORDER The petition is allowed.
The time granted in condition No.2 imposed in Crl.P.No.101964/2021 dated 28.10.2021 is extended for 15 days from today.
Sd/-
JUDGE RH