Dismissed

State by Cubbon Park Police Station, v. Ms. Charusmitha P N

Karnataka HC30 Oct 2023CRL.P/5644/2023

Case brief

AI extract

What is this about?

State challenged the anticipatory bail granted to the respondent by a coordinate bench, alleging violations of bail conditions regarding police attendance and cooperation. The High Court held that no exceptional or supervening circumstances were established to warrant cancellation, dismissing the petition.

What did the court decide?

The criminal petition seeking cancellation of bail is dismissed. The respondent's bail order stands intact.

State by Cubbon Park Police Station, Vs Ms. Charusmitha P N — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC:38370 CRL.P No. 5644 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 5644 OF 2023

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BETWEEN:

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STATE BY CUBBON PARK POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

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…PETITIONER (BY SRI JAIRAM SIDDI, HCGP) AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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MS. CHARUSMITHA P.N D/O SRI. NARASIMHAN AGED ABOUT 35 YEARS PRESENTLY R/AT B-04 V.K RESIDENCY, DR. SHIVARAM KARANTH ROAD CHIKKALASANDRA BENGALURU - 560 061.

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(BY SRI GAUTAM SHREEDHAR BHARADWAJ, ADV.)

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…RESPONDENT

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THIS CRL.P FILED U/S.439(2) CR.P.C PRAYING TO CANCEL THE BAIL ORDER DATED 16.04.2019 PASSED IN CRL.P.NO.482/2019 PASSED BY THE HONOURABLE COURT BY GRANTING BAIL TO THE RESPONDENT/ACCUSED NO.2 (Ms. CHARUSMITHA P.N.) FOR THE OFFENCE P/U/S 420, 465, 467, 468, 471 OF IPC AND ETC.

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NC: 2023:KHC:38370 CRL.P No. 5644 of 2023

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

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ORDER

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This petition under Section 439(2) of Cr.PC is filed by the State with a prayer to cancel the bail order dated 16.04.2019 passed by the coordinate bench of this Court in Crl.P.No.482/2019.

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Heard the learned Counsel for the parties.

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On the complaint of Sri Viatheeswaran, Chief Executive Officer of Manipal Integrated Services Pvt. Ltd., FIR in Crime No.257/2018 was registered by Cubbon Park Police Station, Bengaluru, for the offences punishable under Sections 420, 465, 467, 468, 471 of IPC. Respondent herein is arrayed as accused no.2 in the said case. Since her application filed before the jurisdictional Sessions Court under Section 438 Cr.PC was dismissed, she had approached this Court in Crl.P.No.482/2019

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and the coordinate bench of this Court had allowed the said petition by order dated 16.04.2019. The State has now filed the present petition before this Court under Section 439(2) of Cr.PC

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3 - NC: 2023:KHC:38370 CRL.P No. 5644 of 2023

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seeking cancellation of bail granted in Crl.P.No.482/2019 to the respondent herein.

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Learned HCGP having reiterated the grounds urged in the petition submits that the respondent has violated condition nos.2 & 4 imposed by this Court while granting anticipatory bail to her. He submits that the respondent has not cooperated with the police and she has not marked her attendance before the jurisdictional police in compliance of condition no.7 of the bail order. He, accordingly, prays to allow the petition.

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Per contra, learned Counsel appearing for the respondent submits that investigation in the case is completed and charge sheet has been filed on 21.03.2019 itself. Subsequent to the order of bail granted by this Court, the petitioner has appeared before the police and she has been regularly appearing before the Trial Court. He has produced a list of dates along with the memo dated 30.10.2023 and submits that the petitioner has been regularly appearing before the Trial Court and till date no steps have been taken against the petitioner by the Trial Court for her non-appearance.

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NC: 2023:KHC:38370 CRL.P No. 5644 of 2023

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Petitioner and other accused have been charge-sheeted by the Cubbon Park police in the present case for the offences punishable under Sections 420, 465, 467, 468, 471 IPC. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment by seven years. The coordinate bench of this Court has granted the relief of anticipatory bail to the respondent by imposing several conditions. Learned HCGP has submitted that the respondent has violated condition nos.2 & 4. Condition no.2 directs the respondent to cooperate with the investigation. Investigation in the case is completed and charge sheet has been filed and the case is now pending before the Trial Court in C.C.No.7559/2019.

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The list of dates given by the learned Counsel for the respondent is not seriously disputed by the learned HCGP. From the list of dates given by the learned Counsel for the respondent, it is very clear that the respondent has been appearing before the Trial Court and till date, no coercive steps have been taken against her for her non-appearance.

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NC: 2023:KHC:38370 CRL.P No. 5644 of 2023

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Condition no.4 imposed by this Court while granting anticipatory bail to the respondent states that the respondent shall not leave the jurisdiction of the Trial Court without prior permission. Condition no.5 states that the respondent shall not leave the country. Crl.P.No.5313/2020 filed by the petitioner under Section 439(1)(b) of Cr.PC with a prayer to relax condition no.4 has been allowed by the coordinate bench of this court on 21.10.2020 and the respondent is permitted to travel in Tamil Nadu as well as in Bengaluru. There is no allegation in the petition that the respondent has violated condition no.5 imposed by this Court.

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The condition directing the respondent to mark her attendance before the police station was only till the filing of charge sheet. Undisputedly, the charge sheet has been filed in the case and the matter is now pending before the Trial Court in C.C.No.7559/2019.

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It is trite that the order of bail granted cannot be cancelled unless exceptional and supervening circumstances are pointed out to the court. No such exceptional or supervening circumstances have been made out in the present

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NC: 2023:KHC:38370 CRL.P No. 5644 of 2023

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case which needs cancellation of anticipatory bail granted to respondent no.2 who is a lady aged about 33 years. Under the circumstances, I see no ground to entertain this petition. Accordingly, the petition is dismissed.

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Sd/JUDGE

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State by Cubbon Park Police Station, v. Ms. Charusmitha P N

Case brief

What is this about?

What did the court decide?

State by Cubbon Park Police Station, v. Ms. Charusmitha P N

Case brief

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