Allowed

H Sharath Kumar v. State by

Karnataka HC3 Dec 2021CRL.P/8895/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed Criminal Petition No. 8895/2021 filed by H. Sharath Kumar to modify an existing bail condition. The court granted an additional week for the petitioner to appear before the Investigating Officer and execute a personal bond with sureties as previously ordered.

What did the court decide?

One week's time granted to appear before the Investigation Officer and execute the personal bond of Rs. 50,000 with two sureties.

H Sharath Kumar Vs State by — Bail and Remand | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO.8895 OF 2021

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BETWEEN:

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H. SHARATH KUMAR, S/O HANUMANTHAPPA, AGED ABOUT 26 YEARS, R/AT NO 427, 3RD MAIN, NEAR MARAMMA TEMPLE, HARINAGAR, ANJANAPURA, BENGALURU 560 062. … PETITIONER

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(BY SRI.PRASANNA RAO, ADVOCATE)

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AND:

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STATE BY KONAKUNTE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001. … RESPONDENT

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(BY SMT. RASHMI JADHAV. HCGP)

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THIS CRL.P. FILED U/S.439(1)(b) OF CR.P.C TO ALLOW THE MODIFICATION OF BAIL ORDER, AND ORDER TO REMOVE CONDITION NO.1-PETITIONER SHALL APPEAL BEFORE THE INESTIGATING OFFICER WITHIN A PERIOD OF ONE WEEK FORM THE DATE OF THE COPY OF RECEIPT OF THE ORDER AND SHALL EXECUTE A PERSONAL BOND OF RS.50,000/-) WITH TWO SURETIES FOR LIKE SUM AND EXTEND THE TIME GRANTED, IN CRL.P.NO.212/2021 ORDER DATED 18.02.2021 AS PRAYED FOR IN THE ABOVE AVERMENTS IN THE BAIL PETITION IN THE CR.NO.272/2020 OF RESPONDENT KONANAKUNTE POLICE STATION, BENGALORE, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 420 OF IPC.

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

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ORDER

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Heard the learned counsel for the petitioner and

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learned HCGP for respondent-State.

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This petition is filed to modify condition No.(i) imposed in Crl.P.No.212/2021 dated 18.02.2021. The said condition reads as under:

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(i) The petitioner shall appear before the Investigating Officer within a period of one week from the date of receipt of the a copy of this order and shall execute a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for like sum.

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Petitioner failed to appear before the Investigation

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Officer within the time stipulated, hence preferred this petition.

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The learned counsel for the petitioner submits that non-appearance of the petitioner as directed is not deliberate but due to bonafide reasons. He submits that an

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opportunity may be given to the petitioner to appear before

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the Investigation Officer and comply all other conditions.

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The petitioner was granted anticipatory bail by virtue of the above order in respect of Cr.No.272/2020 of Konanakunte Police Station registered for offence punishable under Sections 420 and 504 of IPC.

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Considering the facts and circumstances and to meet the ends of justice, petition is allowed.

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A week's time from today is granted for the petitioner to appear before the concerned Investigation Officer and execute the personal bond for a sum of Rs.50,000/(Rupees Fifty Thousand Only) with two sureties for like sum.

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All other conditions stipulated in Crl.P.No.212/2021 dated 18.02.2021 shall be complied with.

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The condition No. (i) is modified accordingly.

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Sd/JUDGE

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H Sharath Kumar v. State by

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H Sharath Kumar v. State by

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