Hyarish S/O Atavullakhan Pathan Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH OLD HUBBALLI POLICE STATION, R/BY. THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD - 580 011

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…RESPONDENT (BY SMT. GIRIJA HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 483(1)(B) OF BNSS, 2023 (U/S.439(1)(B) OF CR.P.C.) SEEKING TO KINDLY ALLOW THE PETITION AND MODIFY THE CONDITIONS OF BAIL IN CRL.PETITION NO. 1206/2021 AND CONSEQUENTLY PERMIT THE PETITION TO LEAVE THE JURISDICTION OF COURT FOR PERIOD OF 11-10-2024 TO 21-10-2024, WHO IS ARRAYED AS ACCUSED NO.15 IN S.C.NO. 5062/2022 PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, HUBBALLI IN CONNECTION WITH OLD HUBBALLI P.S CRIME NO. 90/2020, FOR THE OFFENCES P/U/SEC.

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NC: 2025:KHC-D:564 CRL.P No. 103324 of 2024

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143, 147, 148, 120B, 302, 201 387, 506 R/W SEC. 149 OF IPC AND SEC. 25 OF INDIAN ARMS ACT.

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THIS CRL.P., COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MRS JUSTICE M.G.UMA

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ORAL ORDER

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The petition is filed under Section 439(1)(b) of Cr.P.C by

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the petitioner-accused No.15 in Cr.No.90/2020 pending in S.C.No.5062/2022 on the file of the learned I Additional District and Sessions Judge, Hubballi, for the offence punishable under Sections 143, 147, 148, 120B, 302, 201, 387, 506 R/w Section 149 of IPC and Section 25 of Indian Arms Act, seeking modification/relaxation of the condition imposed while enlarging the petitioner on bail in Crl.P.No.101206/2021.

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Heard Sri.R.H.Angadi, learned counsel for the petitioner and Smt. Girija Hiremath, learned High Court Government Pleader for the respondent. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for the parties, the point that would arise for my consideration is:

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NC: 2025:KHC-D:564 CRL.P No. 103324 of 2024

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“Whether the Petitioner has made

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out any grounds to allow the petition and to relax the condition imposed while enlarging him on bail?"

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My answer to the above point is in the ‘affirmative' for the following:

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R E A S O N S

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It is noticed that the petitioner is ordered to be enlarged on bail as per the order dated 28.06.2021 in Crl.P.No.10126/2021. The said order is subject to conditions.

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Now the petitioner is intending to visit Baghdad/Iraq for a period of 15 days and return back, for which, permission is required.

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Learned counsel for the petitioner submits that the

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petitioner is ready to offer surety for his prompt return within 15 days. He also undertakes to furnish his travel details to the Trial Court and to adhere to the same in letter and spirit.

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Learned High Court Government Pleader for the respondent submits that the petitioner may be directed to furnish surety for prompt returning to India in time.

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NC: 2025:KHC-D:564 CRL.P No. 103324 of 2024

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7. Considering the grounds made out in the petition

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that the petitioner intends to visit Baghdad/Iraq and come back within 15 days, I am of the opinion that he may be permitted to do so.

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Accordingly, I answer the above point in the Affirmative and proceed to pass the following:

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ORDER

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Petitioner, who is on bail in SC No.5062/2022 on the file of the learned First Additional District and Sessions Judge, Hubballi in Cr.No.90/2020 is permitted to travel to Baghdad/Iraq for a period of 15 days, subject to he executing the bond for Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum for his prompt return to India.

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The petitioner is directed to furnish his travel plan to the Trial Court and to adhere to the same in strictly.

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The petitioner immediately after returning to India, shall report the same to the Trial Court as well as the jurisdictional police station.

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Sd/(M.G.UMA) JUDGE

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BH List No.: 19 Sl No.: 1

Hyarish S/O Atavullakhan Pathan v. the State of Karnataka

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Hyarish S/O Atavullakhan Pathan v. the State of Karnataka

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