John Martine Rego vs The State Of Karnataka on 3 July, 2012

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Karnataka High Court

John Martine Rego vs The State Of Karnataka on 3 July, 2012

Bench: Subhash B. Adi

                                1


 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

            DATED THIS THE 03RD DAY OF JULY, 2012

                           BEFORE

        THE HON'BLE MR.JUSTICE SUBHASH B. ADI

               CRIMINAL PETITION NO:2921/2012

BETWEEN:

JOHN MARTINE REGO
S/O AUGUSTINE REGO
AGED ABOUT 40 YEARS
PERMANENT RESIDENT OF
REGO COMPOUND
PERMUDE POST AND VILLAGE
VIA BAJPE
MANGALORE TALUK
                                    ...PETITIONER
(BY SRI. R.B. DESHPANDE, ADV.,)

AND:

THE STATE OF KARNATAKA BY
BAJPE POLICE STATION
                                    ...RESPONDENT
(BY SRI SATISH R GIRJI, HCGP)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(1)(b)    R/W   482   CR.P.C.    PRAYING   TO   RELAX   THE
CONDITION NO.6 IN CRL.MISC. NO.392/12 DATED 1.6.12
PASSED BY THE I ADDL. DISTRICT AND S.J. D.K., MANGALORE,
IN THE INTEREST OF JUSTICE.


       THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
                                  2


                            ORDER

In this petition, the petitioner is seeking deletion of condition No.6 in the bail order passed by the I Additional District and Sessions Judge, Dakshina Kannada, Mangalore, in Crl.Misc.No.392/2012, dated 01.06.2012.

2. Condition No.6 reads as under:

"The petitioner shall surrender his passport before the learned JMFC, II Court, Mangalore at the time of filing bail application for granting him regular bail."

3. Petitioner was granted anticipatory bail in Crime No.76/2012 registered by Bajpe Police, for the offences punishable under Sections 323, 504, 506, 498(A) r/w Section 34 of IPC.

4. Learned counsel for the petitioner submits that, the petitioner is working in Qatar for the past two years and earlier he was working in Dubai. If the passport is not released he will loss his job. He further submits that the petitioner will undertake to appear before the trial court on the date of framing of the charges, recording of 313 statement and on the date of pronouncement of the 3 judgment.

5. Learned Government Pleader submits that if undertaking is given, condition may be relaxed.

6. Considering the same, condition No.6 is modified that the petitioner shall undertake to appear before the trial court on the date of framing of the charge, recording of 313 statement and on the date of pronouncement of the judgment or any other such date for which his presence is necessary. In case, if the petitioner commits any default in appearing as per the undertaking, the court is at liberty to enforce surety. To ensure the presence of the petitioner, the petitioner shall produce two solvent sureties for sum of Rs.1,00,000/- each.

Accordingly, the petition is allowed.

Sd/-

JUDGE PMR*

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