Sri Kiran Kumar Jain Vs State of Karnataka

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NC: 2025:KHC:35712 CRL.P No. 11938 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11938 OF 2025 (439(1)(B)(CR.PC)/483(1)(B)(BNSS))

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BETWEEN:

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SRI. KIRAN KUMAR JAIN S/O SRI. KUNDAM MAL BHOORMAL JAIN, AGED ABOUT 46 YEARS, R/AT: NO.25/13B, ASQUITH COMPOUND, FORT, BELLARI-583 101.

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… PETITIONER

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(BY SRI. LAKSHA KALAPPA B., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY CCB POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.

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Digitally signed by RAKESH S RAKESH HARIHAR SHARIHAR Location:HIGH COURTOF KARNATAKA DHARWAD BENCH

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SRI. G.C. RAJA, S/O CHIKKAHANUMEGOWDA, POLICE OFFICER, WOMEN PROTECTION WING, CCB, BENGALURU CITY-560 053.

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… RESPONDENTS

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(BY SRI. K. RAHUL, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(B) CR.P.C. (UNDER SECTION 483(1)(B) BNSS), PRAYING TO RELAX CONDITION NO.(E) IMPOSED IN THE BAIL ORDER DATED 10.07.2025 PASSED IN CRL.P. NO.7040/2025, THEREBY PERMITTING THE PETITIONER TO TRAVEL OUTSIDE THE JURISDICTION OF THE TRIAL COURT, AS MAY BE NECESSARY FOR PROFESSIONAL AND PERSONAL PURPOSES.

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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 S VISHWAJITH SHETTY

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NC: 2025:KHC:35712 CRL.P No. 11938 of 2025

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HC-KAR

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ORAL ORDER

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This petition under Section 439(1)(b) of BNSS

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2023 r/w Section 483(1)(b) of Cr.P.C. is filed with a prayer to relax condition no.(e) imposed by this Court in Criminal Petition No.7040 of 2025 disposed of on 10.07.2025.

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Heard the learned counsel for the parties.

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Petitioner was granted regular bail by this Court

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in Criminal Petition No.7040 of 2015 disposed of on 10.07.2025 in Special Case No.1122 of 2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-II, Bengaluru, arising out of Crime No.27 of 2025 registered by CCB, Bengaluru City Police Station, Bengaluru, for offences punishable under Sections 64, 96, 143(1)(a), 143(1)(b), 143(4), 144(1), 238 and 319 of BNS 2023 and Sections 4 and 17 of POCSO Act, 2012, subject to certain conditions. Condition no.(e) imposed by this Court in Criminal Petition No.7040 of 2025 reads as follows:

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NC: 2025:KHC:35712 CRL.P No. 11938 of 2025

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HC-KAR

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“e) The petitioner shall not leave the jurisdiction of

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the trial Court without permission of the said Court until the case registered against him is disposed off.”

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Seeking relaxation/modification of the aforesaid condition, petitioner is before this Court.

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Learned counsel for the petitioner submits that petitioner is a practicing chartered accountant at Ballary and therefore, on every occasion when he intends to travel outside the jurisdiction of the trial Court, it would be difficult to file necessary application seeking permission of the trial Court. He submits that the petitioner is a person without any criminal antecedents and he has got deep root in society. Therefore, there are no chances of he afleeing away from justice.

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Per contra, learned HCGP submits that

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petitioner has not filed any application before the trial Court seeking permission to travel outside the jurisdiction

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NC: 2025:KHC:35712 CRL.P No. 11938 of 2025

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HC-KAR

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of the trial Court and therefore, at this stage petitioner is

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not entitled for the relief sought for.

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In the body of the order dated 10.07.2025

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passed in Criminal Petition No.7040 of 2025, it is noted that petitioner is a chartered accountant by profession. It is not in dispute that he has no other criminal antecedent against him. It is submitted by the learned counsel for the petitioner that, for professional reasons petitioner is required to travel outside the jurisdiction of the trial Court and he is also required to attend his office at Ballary.

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Considering the said submission and also

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having regard to the averments found in the memorandum of petition, prayer made in this petition to relax condition No.(e) imposed by this Court in Criminal Petition No.7040 of 2025 disposed of on 10.07.2025 is to be granted. Accordingly, Criminal Petition is allowed. Condition No.(e)

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