Karnataka High Court
Mallikarjun @ Mallinath S/O Laxman And ... vs The State Through on 17 January, 2017
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200082/2017
Between:
1. Mallikarjun @ Mallinath S/o Laxman
Age: 56 years, Occ: Agriculture
2. Jagadevi W/o Mallikarjun @ Mallinath
Age: 50 years, Occ: Household
Both R/o Mataki (K), Tq: Aland
Dist: Kalaburagi
... Petitioners
(By Sri Baburao Mangane, Advocate)
And:
The State Through
Aland Police Station
Dist: Kalaburagi
... Respondent
(By Sri Prabhugouda S. Patil, HCGP)
This Criminal Petition is filed under Section 439(1)(B)
of Cr.P.C., praying to allow the petition and permit the
petitioners to execute personal bond and surety bond in C.C.
No.436/2016 on the file of Prl. JMFC Court Aland, in Crime
No.132/2016 of Aland Police Station, which is registered for
the offences P/U/Sec.498(A), 506, 304(B) R/W 34 of IPC and
3 & 4 of DP Act.
2
This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioners/accused Nos.2 and 3 under Section 439(1)(B) of Cr.P.C., requesting this Court to allow the petition and permit the petitioner to execute the personal bond and surety bond before the Principal JMFC Court, Aland in Crime No.132/2016.
2. Learned counsel for the petitioners vehemently argued and contended that this Court by order dated 29.08.2016 in Criminal Petition No.201006/2016 granted the bail by imposing some conditions. One of the condition No.4 is that the accused/petitioners have to appear before the concerned Court within thirty days from the date of the said order and to execute the personal bond and surety bond. But, it is now pleaded that since petitioner No.1 was suffering with viral fever and malaria, petitioner No.2 was suffering with anemia and vertigo and have got admitted in the hospital, they were unable to execute the bond in compliance with condition No.4. Now 3 they are ready to go and execute the personal bond and surety bond before the concerned Court.
3. I have gone through the contents of the petition. Even though the learned counsel for the petitioners has not made a specific prayer in the prayer column for the purpose of relaxation of condition No.4, but however, in the interest of justice if the petition is dismissed, it is ultimately going to cause hardship to the petitioners. In that light, taking a different view, condition No.4 is relaxed and the petitioners are permitted to execute the personal bond and surety bond within fifteen days from today before the concerned Court as per the earlier order.
Accordingly, the petition is allowed.
Sd/-
JUDGE LG Ct: RRJ