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NC: 2025:KHC:6271 CRL.P No. 265 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 265 OF 2025 BETWEEN:
MR. D SOMASHEKAR S/O LATE G.L VENERUVAPPA AGED ABOUT 33 YEARS R/A KALUVAPALLI, KODEGEHALLI, ANANTHPURA ANDRAPRADESH -515212.
…PETITIONER (BY SRI. HEMALATHA B V., ADVOCATE) AND:
THE STATE BY RAJANAKUNTE P.S., REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE -560001. …RESPONDENT (BY SRI. RANGASWAMY R., ADVOCATE)
THIS CRL.P IS FILED U/S.439(1)(b) (FILED U/S.483(1)(b) BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO MODIFY/RELAX OR SET ASIDE CONDITION NO.3 AS WITHIN 15 DAYS FROM THE DATE OF THE ORDER PETITIONER SHOULD APPROACH THE JURISDICTIONAL MAGISTRATE AND APPLY FOR REGULAR BAIL, IMPOSED BY THE LEARNED THE IV ADDL. CITY CIVIL AND SESSION JUDGE AT DODDABALAPURA BANGALORE RURAL DISTRICT VIDE
ORDER DATED 12.11.2024 IN CR.MISC.NO.10194/2024 VIDE ANNEXURE-C FOR CR.NO.5295/2024 AND FIR NO.297/2024 MAY BE BY ALLOWING THIS PETITION FILED U/S 483(1)(b) OF BNS, 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE MOHAMMAD NAWAZ
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:6271 CRL.P No. 265 of 2025
ORAL ORDER
Petitioner is seeking to relax condition No.3 imposed by the IV Additional District and Sessions Judge, Doddaballapur, Bengaluru Rural District in Crl.Misc.No.10194/2024 dated 12.11.2024 wherein, he was directed to appear before the Investigation Officer within 15 days from the date of order.
2. First Information Report is registered against the petitioner at Rajanukunte Police Station, Bengaluru district for the offence punishable under Sections 329(4), 74, 352, 351(2) of BNS, 2023. Learned Sessions Judge was pleased to enlarge the petitioner on anticipatory bail imposing certain conditions. The petitioner was unable to appear before the Investigation Officer within fifteen days as directed therein.
3. It is submitted that petitioner is a resident of Andhra Pradesh and he was hospitalised for acute Kerato Conjuctivitis from 25.11.2024 to 10.12.2024. Copy of the medical certificate issued by the Deputy Civil Surgeon, District Hospital, Hindupuram is produced at Annexure-E.
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NC: 2025:KHC:6271 CRL.P No. 265 of 2025
4. Considering the reasons stated by the petitioner, condition No.3 can be modified.
5. The petitioner is directed to appear before the Investigation officer within a period of one week from today.
6. Condition No.3 imposed by the learned Sessions Judge in Crl.Mis.No.10194/2024 dated 12.11.2024 is accordingly modified. All other conditions remain unchanged and shall be strictly complied with.
Petition is allowed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
NV List No.: 1 Sl No.: 37