Disposed

Sri Anil Kumar v. Vs State of Karnataka

Karnataka HC9 Sept 2024CRL.P/8811/2024

Case brief

AI extract

What is this about?

Petitioner sought relaxation of bail conditions barring travel abroad and mandating appearance on every hearing date. The court declined blanket permission for foreign travel but left him free to seek specific permissions with travel details; condition (f) was modified to permit exemption from appearance for genuine reasons.

What did the court decide?

Condition (f) modified to allow exemption from appearance for genuine reasons; prayer to relax condition (e) rejected, liberty to apply with travel details.

Sri Anil Kumar v Vs State of Karnataka — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC:36626 CRL.P No. 8811 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8811 OF 2024

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BETWEEN:

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SRI ANIL KUMAR. V. S/O SRI VASU P, AGED ABOUT 48 YEARS, R/AT NO.8-44-8, F1 SUKUM NIVAS, VIDYA NAGAR, CHINAWALTAIR COLONY, OLD C.B.I. ROAD, VISHAKAPATNAM-530017, ANDRAPRADESH.

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…PETITIONER

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(BY SRI. BINU M., ADVOCATE)

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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AND:

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STATE OF KARNATAKA BY MAHADEVAPURA P.S., REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001

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…RESPONDENT

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(BY SRI. RANGASWAMY. R., HCGP)

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THIS CRL.P IS FILED U/S.439(1)(b) CR.P.C (U/S 483 BNSS) PRAYING TO RELAX THE BAIL CONDITION (e) AND MODIFY THE BAIL CONDITION (f), IMPOSED BY THIS HONBLE

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2 - NC: 2024:KHC:36626 CRL.P No. 8811 of 2024

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COURT IN CRL.P.NO.688/2024, VIDE ITS ORDER DTD 13.02.2024.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is filed seeking relaxation of conditions

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(e) and (f) imposed by this Court in Crl.P.No.688/2024, while enlarging the petitioner on bail.

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Conditions (e) and (f) reads as follows:

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(e) He shall not travel outside the country without the permission of the Trial Court.

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(f) He shall appear before the Trial Court on every date of hearing without fail.

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The grounds urged for relaxing the above

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conditions are that, wife of the petitioner is a citizen of Thailand and therefore, he has to travel frequently to look after his wife and aged parents and currently his wife is undergoing fertility treatment in Thailand. His

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3 - NC: 2024:KHC:36626 CRL.P No. 8811 of 2024

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mother-in-law is also suffering from ailments and she is under treatment. Further, the petitioner is engaged in construction business and he has on going projects all over India and abroad and therefore, for his business purposes he needs to travel abroad frequently.

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The learned counsel for petitioner would also

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contend that petitioner's right to travel abroad is one of the fundamental right guaranteed under Article 21 of the Constitution of India. He therefore, sought to modify/relax the bail conditions.

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The learned High Court Government Pleader has opposed the prayer contending that the allegations against the petitioner are serious and the trial is pending and therefore, the prayer sought in the petition cannot be granted. He further contended that the petitioner is a habitual offender.

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Petitioner has not specifically stated as to the date and duration of his travel. A blanket order granting permission to the petitioner to travel abroad cannot be granted when a criminal case is pending against him.

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4 - NC: 2024:KHC:36626 CRL.P No. 8811 of 2024

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Charge sheet is filed for the offence punishable under Section 370 of IPC and Section 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956 and for the offence 66(C) of the Information Technology Act, 2008. The case is now said to be committed to the Sessions Court.

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However, petitioner is always at liberty to move

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the Sessions Court or this Court to relax condition (e), giving the details of his travel.

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In so-far-as condition (f) is concerned, the

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same is modified. The petitioner shall appear before the Trial Court on every date of hearing, unless exempted from appearance for genuine reasons.

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With the above observations, petition is

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disposed of .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC List No.: 1 Sl No.: 9

Sri Anil Kumar v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Anil Kumar v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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