The High Court of Karnataka held that a Criminal Revision Petition under S. 397 Cr.P.C for relaxing bail conditions is not maintainable when the petitioner is not aggrieved by the granting of bail but by specific conditions, as they have a specific remedy to approach the Sessions Court.
Revision petition dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.RP No. 635 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 635 OF 2021
BETWEEN:
SHASHIRAJ @ SHASHIKUMAR S/O RAJAIAH AGE 28 YEARS R/AT NAGARAKATTE IJOOR RAMANAGARA TOWN - 562159 PERMANENT PLACE: SOMANATHAPURA, K R PETE TALUK MANDYA DISTRICT - 571426.
…PETITIONER
(BY SRI. NATARAJ D.,ADVOCATE)
AND:
STATE OF KARNATAKA BY KUMBALAGODU POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI. KRISHNA KUMAR K.K.,ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 439(1)(b) CR.P.C PRAYING TO RELAX THE BAIL CONDITION NO.2 PASSED BY THE HONOURABLE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL IN S.C.NO.351/2018 (CR.NO.288/2017) DATED 06.02.2020 FOR THE OFFENCE P/U/S 120(b),302 R/W 34 OF IPC, PENDING ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.RP No. 635 of 2021
ORDER
The petitioner has challenged the conditions attached to the bail granted by the VIIi Additional District and Sessions Judge, Bengaluru Rural District in S.C.No.351/2018. The revision petition is therefore not maintainable as the petitioner has a remedy of appearing before the Sessions Court seeking relaxation of the conditions of bail.
dismissed as not maintainable .
Learned High Court Government Pleader is permitted to
file a memo of appearance within a period of two weeks.
NR/-
Sd/JUDGE
List No.: 1 Sl No.: 1
1 issue framed by the court
Whether a bail revision petition is maintainable under S. 397 Cr.P.C when the petitioner has a remedy to approach the Sessions Court for relaxation of bail conditions.
1 provisions across 1 enactments
SHASHIRAJ @ SHASHIKUMAR
STATE OF KARNATAKA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
