Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4518 CRL.P No. 1382 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1382 OF 2025 (439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)) BETWEEN:
1.
MRS. NIKITA SINGHANIA, D/O MR. MANOJ KUMAR SINGANIA, AGED ABOUT 29 YEARS, R/O NO. 505, RUHAT, HUSENABAD, JAUNPUR, UTTAR PRADESH - 222 002.
2.
MRS. NISHA SINGANIA, W/O MR. MANOJ KUMAR SINGANIA, AGED ABOUT 55 YEARS, R/O NO. 505, RUHAT, HUSENABAD, JAUNPUR, UTTAR PRADESH - 222 002.
3.
MR. ANURAG SINGANIA, D/O MR. MANOJ KUMAR SINGANIA, AGED ABOUT 29 YEARS, R/O NO. 505, RUHAT, HUSENABAD, JAUNPUR, UTTAR PRADESH - 222 002 …PETITIONERS (BY SRI. BHARATH KUMAR V, ADVOCATE) AND:
STATE OF KARNATAKA BY STATION HOUSE OFFICER, MARATHALLI POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, DR. AMBEDKAR VEEDHI, BENGALURU - 01. …RESPONDENT
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:4518 CRL.P No. 1382 of 2025
(BY SRI. RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S.439(1)(b) (FILED U/S.483(1)(b) BNSS) OF CR.P.C PRAYING TO SET ASIDE THE CONDITION NO.5 IMPOSED BY THE HONBLE XXVIII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE
ORDER DATED 04.01.2025 IN MATTER BEARING CRL.MISC.NO.26186/2024 (ANNEXURE B).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The relief sought in this petition is to relax condition No.5 imposed by the learned Sessions Court in its order granting bail to the petitioners.
2. Vide condition No.5 imposed in the order dated 04.01.2025, passed in Crl.Misc.No.26186/2024, petitioners / accused have been directed to appear before the Investigation Officer on every Saturday between 10:00 a.m. to 02:00 p.m. for a period of 4 months or till completion of investigation whichever is earlier.
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NC: 2025:KHC:4518 CRL.P No. 1382 of 2025
3. The complaint is lodged by one Bikas Kumar on the basis of which Mararthahalli Police Station have registered Crime No.82/2024 for the offence punishable under Section 108, 3(5) of the BNS, 2023.
4. Petitioners hail from Uttar Pradesh and probably that prompted the learned Sessions Judge to direct them to appear before the I.O every week for the purpose of investigation.
5.
Learned counsel has submitted that, the petitioners have executed personal bond in a sum of Rs.2,00,000/- with two sureties for the likesum and they have been complying all other conditions imposed by the learned Sessions Judge. He submits that, petitioners being residents of Uttar Pradesh, are finding it difficult to travel all the way from Uttar Pradesh to appear before the Investigation Office every week. He submits that the petitioners have appeared before the Investigation Officer as directed, from the date of the order.
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NC: 2025:KHC:4518 CRL.P No. 1382 of 2025
6. This Court finds that the conditions imposed against petitioners are onerous. Considering that petitioners have been appearing before the Investigation Officer as directed and considering the nature of allegation, said condition requires to be relaxed. Petitioners can be
directed to appear before the Investigation Officer once every month till completion of investigation and filing of charge sheet. Accordingly, the following:-
ORDER
i) Petition is allowed.
ii) Condition No.5 imposed by the Court of XXVIII Additional City Civil and Sessions Judge, Mayohall, Bengaluru in Crl.Misc.No.26186/2024 dated 04.01.2025 is modified. iii) The petitioners are directed to appear before the Investigation Officer once in a month i.e., on every
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NC: 2025:KHC:4518 CRL.P No. 1382 of 2025
Second Saturday between 10:00 a.m. and 02:00 p.m. till completion of investigation and filing of charge sheet. iv) All other conditions shall be intact and they shall be complied by the petitioners strictly.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 5 CT: BHK