Disposed

Sri Shivaprasad v. State by

Karnataka HC9 Dec 2021WP/19349/2021

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AI extract

What is this about?

Single-judge bench disposed of a writ petition seeking quashing of an interim custody condition. The Court held that since conditions can be modified by the same appellate court, the petition was disposed of with liberty to approach the appellate court again for modification.

What did the court decide?

Petition disposed of with liberty to approach the appellate court once again with an appropriate application for modification of the condition.

Sri Shivaprasad Vs State by — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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WRIT PETITION NO.19349 OF 2021(GM-RES)

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BETWEEN:

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Sri Shivaprasad, S/o Somachar, Aged about 46 years, R/o Basaveshwara Road, Somwarpete Town, Kodagu District

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…Petitioner

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(By Sri Ramesh Kumar R.V., Advocate)

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AND:

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State by Deputy Conservator of Forests, Madikeri, Kodagu District, Represented by Public Prosecutor, High Court of Karnataka, Bengaluru-560001.

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…Respondent

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(By Sri Mahesh Shetty, HCGP)

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This Writ Petition is filed under Article 226 & 227 of the Constitution of India read with Section 482 of Cr.P.C. 1974, praying to quash the order impugned dated 05.09.2021 at Annexure-C passed in Crl.A.No.27/2021 on the file of the Hon’ble Principal Sessions Judge, Kodagu, Madikeri insofar as imposing a harsh condition to execute indemnity bond for a sum of Rs.4,00,000/- with a bank guarantee for the like

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sum, in order to enable the petitioner to have the interim custody of the (Duster Car) bearing registration number KA-55-M-7125.

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This Writ Petition coming on for preliminary hearing this day, the Court made the following:

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ORDER

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Government Advocate takes notice for the

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respondent. Heard the learned counsel for the petitioner and the Government Advocate for the respondent.

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In this writ petition, the petitioner has

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sought a writ of certiorari to quash the order dated 5.9.2021 as per Annexure ‘C’ passed in Crl. Appeal No.27/2021 by the Prl. Sessions Judge, Kodagu, Madikeri imposing a condition to execute indemnity bond for Rs.4,00,000/with bank guarantee for release of the vehicle KA 55 M 7125.

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This court has already taken a view in Crl.P.No.6860/2021 that in case any condition is

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imposed by the court, the party can apply to the very same court for modification. In this view, the petition stands disposed of giving liberty to the petitioner to approach the appellate court once again with an appropriate application for modification of the condition. If an application is made, the same shall be disposed of expeditiously.

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Sd/JUDGE

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Sri Shivaprasad v. State by

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Sri Shivaprasad v. State by

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