S Madhav vs State Of Karnataka on 16 March, 2016

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Karnataka High Court

S Madhav vs State Of Karnataka on 16 March, 2016

Bench: A.V.Chandrashekara

                         1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF MARCH 2016

                     BEFORE

THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

          CRIMINAL PETITION NO.1316/2016

BETWEEN:

S. MADHAV
AGED ABOUT 66 YEARS
S/O LATE S. NAGAPPA
#4000, SRILAKSHMI, 100 FT. ROAD
HAL II STAGE, INDIRANAGAR
BENGALURU - 560 038
                                     ...PETITIONER
(BY SRI. VINAYA KEERTHY., ADV.)

AND:

STATE OF KARNATAKA
BY COD POLICE, PALACE ROAD
BENGALURU - 560 002
REPRESENTED BY THE
PUBLIC PROSECUTOR
HIGH COURT, BENGALURU - 01
                                  ... RESPONDENT
(BY SRI.B.J. ESHWARAPPA, HCGP)


     THIS CRL.P. IS FILED UNDER SECTION 439 (1)(b)
OF CR.P.C. PRAYING TO RELAX THE CONDITION NOs.
3 AND 4 Viz. OBTAINING PRIOR PERMISSION BEFORE
LEAVING BENGALORU AND TO SURRENDER THE
PASSPORT TO THE RESPONDENT, IMPOSED BY THE
LI ADDL. CITY CIVIL AND S.J., BANGALORE WHILE
GRANTING BAIL IN ITS ORDER DATED.30.12.2013 IN
S.C.NO.757/2008.
                             2



     THIS CRL.P. COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-

                        ORDER

Heard the learned Counsel for the petitioner who is accused No.10 in S.C.No.757/2008 on the file of LI Addl. City Civil & Sessions Judge, Bengaluru City.

2. A case is registered against the petitioner for the offences punishable under Section 365, 364A, 342, 343, 384, 385, 395, 120(B), 109 r/w 34 of IPC. He had granted regular bail under Section 439 of Cr.P.C. by LI Addl. City Civil & Sessions Judge, Bengaluru City on 30.12.2013 imposing certain conditions. He is directed not to leave Bengaluru City without prior permission of the Court and to surrender his passport, if any, before the SHO forthwith and to report the same to the Court.

3. It is submitted that entire investigation is completed and charge sheet is filed and trial is in progress. If the petitioner wants to leave India, he has obtain prior permission of the Court in which the trial is 3 going on and the passport surrendered by him will have to be returned to him after obtaining permission.

4. Condition Nos.3 and 4 are relaxed permitting the petitioner to leave India only with the permission of the Court. The passport surrendered by the petitioner be returned to him by the concerned SHO. Condition Nos.3 and 4 stands modified accordingly in terms of Section 149(1)(1b) of Cr.P.C.

Accordingly, petition is disposed of.

Sd/-

JUDGE Prs*

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