Petitioners granted anticipatory bail with a condition to seek regular bail within three weeks sought extension of time; the Sessions Judge rejected their application. The High Court held the rejection unjustified after anticipatory bail had been granted on merits and extended the time.
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NC: 2024:KHC-D:3336 CRL.P No. 100261 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100261 OF 2024 (439(1)(b)-)
BETWEEN:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2024.02.15 11:58:57 +0530
NC: 2024:KHC-D:3336 CRL.P No. 100261 of 2024
TALUK-RABAKAVI-BANAHATTI. 5. SHRI. RAJASEKHAR S/O. BIMAPPA JAGANOOR AGE. 38 YEARS, OCC.AGRICULTURE, R/O.DASAR TOT MUGALKHOD, TALUK.RAIBHAG, DIST.BELGAUM.
…PETITIONERS
(BY SRI. SHARAD M. PATIL., ADV.)
AND:
THE STATE OF KARNATAKA (P.P. JAMKHANDI), TERDAL P.S. BANAHATTI CIRCLE,
REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH.
…RESPONDENT
(BY SRI.T.P.MALIPATIL, AGA)
THIS CRIMINAL PETITION IS FILED U/S 439 (1)(b) OF CR.P.C., SEEKING TO GRANT TIME TO THE PETITIONERS/ACCUSED NO. 1, 4, 6 TO 8 FOR EXTENSION OF TIME TO SEEK REGULAR BAIL BY SETTING ASIDE THE ORDER DATED 13.12.2023 IN CRL.MISC.NO.5286/2023 PASSED BY IST ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING AT JAMKHANDI, ARISING FROM CRIME NO. 87/2023 FOR THE OFFENCES PUNISHABLE U/S 143, 147, 323, 354, 354(B), 307, 448, 504, 506 R/W 149 OF IPC, PENDING ON THE FILE BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, TO SIT AT JAMKHANDI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
filed by the petitioners with a prayer to modify condition No.(3) imposed by the Court of I Addl. District and Sessions Judge, Bagalkot, sitting at Jamkhandi, while allowing the anticipatory bail application filed by the petitioners in Crl.Misc.No.5286/2023 vide order dated 09.11.2023.
said application was allowed by the learned Sessions Judge vide order dated 09.11.2023 subject to certain conditions.
Condition No.(3) imposed by the learned Sessions Judge while disposing of Crl.Misc.No.5286/2023 reads as follows:-
“3) The petitioners/accused No-1, 3 to 8, 10 shall seek regular bail before the jurisdictional magistrate within 3 weeks from today.”
Crl.Misc.No.5286/2023. Since the petitioners could not file necessary application seeking regular appeal as directed by the Sessions Court in condition No.(3), the petitioners had filed an application seeking extension of time for filing regular bail application as directed in condition No.(3). The said prayer has been rejected by the learned Sessions Judge. In my opinion, the learned Sessions Judge was not justified in rejecting the prayer made by petitioners seeking extension of time for filing regular bail application after the learned Sessions Judge on the merits of the case had already granted the benefit of anticipatory bail to the petitioners. The petitioners have assigned satisfactory reasons before the learned Sessions Judge in their application seeking extension of time, for not complying with condition No.(3) imposed by the learned Sessions Judge while disposing of Crl.Misc.No.5286/2023. Under the circumstances, I am of the view that the learned Sessions Judge was not justified in rejecting the application filed by the petitioners seeking extension of time for complying
NC: 2024:KHC-D:3336 CRL.P No. 100261 of 2024
condition No.(3) imposed by the learned Sessions Judge while disposing of Crl.MiscNo.5286/2023. Accordingly, the
following:-
ORDER
Sd/JUDGE
DN
List No.: 1 Sl No.: 27
1 issue framed by the court
Whether the Sessions Judge was justified in rejecting the petitioners' application for extension of time to seek regular bail as required by condition No.(3) of the anticipatory bail order.
2 provisions across 1 enactments
Maruti S/o Hanamant Golasangi
Vinayak @ Vinod S/o Maruti Golasangi
Hanamanth S/o Gangappa Golasangi
Suresh S/o Babu Golasangi
Rajasekhar S/o Bimappa Jaganoor
State of Karnataka (P.P. Jamkhandi), Terdal P.S.
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
