Partly allowed

Karimkhan S/O. Mittakhan Dharwad v. the State of Karnataka

Karnataka HC1 Apr 2014CRL.P/100588/2014

Case brief

AI extract

What is this about?

High Court relaxed a bail condition in a criminal petition filed under Section 439(3) CrPC regarding a relaxation of a specific condition imposed in an anticipatory bail order. The court noted the advanced age and ailments of petitioners and deemed the strict appearance condition improper.

What did the court decide?

Condition No.5 requiring weekly appearance at police station was relaxed; petitioners to assist police as required.

Karimkhan S/O. Mittakhan Dharwad Vs the… — Pension and Retirement Benefits | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 01^ST DAY OF APRIL, 2014

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BEFORE

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THE HON’BLE MR. JUSTICE K.N. PHANEENDRA

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CRIMINAL PETITION No.100588/2014

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BETWEEN:

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1. KARIMKHAN

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S/O. MITTAKHAN DHARWAD AGE: 85 YEARS, OCC: RTD. RLY. SERVANT R/O. SIMLA NAGAR, GUDIHAL ROAD NEAR BRIDGE, OLD HUBLI

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2. ZAINABAI

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W/O. KARIMKHAN DHARWAD

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AGE: 78 YEARS

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OCC: HOUSEWIFE R/O. SIMLA NAGAR, GUDIHAL ROAD NEAR BRIDGE, OLD HUBLI

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FARZANA W/O. WAZIRKHAN DHARWAD AGE: 26 YEARS, OCC: HOUSEWIFE R/O. SIMLA NAGAR GUDIHAL ROAD NEAR BRIDGE OLD HUBLI

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... PETITIONERS

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(BY SRI. SANTHOSH MALAGOUDAR ADV. FOR SRISADIQ N. GOODWALA, ADV.)

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AND

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THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BY OLD HUBLI POLICE STATION

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... RESPONDENT

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(BY SRI. V.M. BANAKAR, ADDL. SPP)

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THIS CRIMINAL PETITION IS FILED U/S 439(B) OF CR.P.C. SEEKING TO RELAX CONDITION NO.5 BY THE ORDER DATED 03.03.2014 PASSED BY THE I-ADDL. DIST. & SESSIONS JUDGE, DHARWAD, SITTING AT HUBLI, IN CRL.MISC.NO.130/2014.

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

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O R D E R

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Heard the learned counsel for the petitioners and

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learned Additional State Public Prosecutor. Perused the records.

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The order passed by the learned Sessions Judge in Crl.Misc.No.130/2014. The petitioners approached this for relaxation of condition No.5 imposed by the Sessions Judge. In the above said order while

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granting anticipatory bail to the petitioners herein, for the offences alleged against the petitioners under Sections 323, 341, 354, 504 and 506 read with Section 34 of Indian Penal Code, 1860.

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Learned Sessions Judge has imposed

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condition No.5, which read as follows:

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The petitioners shall appear before the I.O. twice in a month preferably on 1^st and 15^th each of calendar month for a period of three months or until final report is filed whichever is earlier and to assist the I.O. for investigation.

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The petition averments, complaint averments

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as well as the orders of the trial Court disclose that, the first petitioner is aged about 85 years, second petitioner is a lady aged about 78 years. The third petitioner is a young lady aged about 26 years. Learned counsel for the petitioners contended that in view of the above said

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condition, it is very difficult for them to attend the police station 15 days once, as the first petitioner is aged about 85 years suffering from ailment, second petitioner is aged about 78 years who is also suffering form ailment. On careful examination of the orders passed by the trial court, in my opinion, as the petitioners 2 and 3 are ladies, it may not be proper to direct them to appear before the police station once in every 15 days. Considering the age of the petitioners, in my opinion, the said condition is not proper which ought not to have been imposed on them to attend the police station once in every 15 days. Under the above said circumstances, the said condition imposed is not proper and the same is liable to be relaxed. However, the petitioners have to assist the police as and when required, for the purpose of investigation and interrogation.

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With these observations, condition No.5 imposed

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by the Sessions Judge in Crl. No.130/2014 arising out of Crime No.32/2014 on the file of Old-Hubli Police Station void order dated 03.03.2014 is hereby relaxed.

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Accordingly, the petition stands disposed of.

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Sd/JUDGE

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Rms

Karimkhan S/O. Mittakhan Dharwad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Karimkhan S/O. Mittakhan Dharwad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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