Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 20108 (KAR)

SMT. C K SATYAPREMA v. STATE OF KARNATAKA

CRL.P/3719/2025 · 2025-04-04

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14331 CRL.P No. 3719 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3719 OF 2025 BETWEEN: 1. SMT. C.K. SATYAPREMA, W/O SATYANARAYANA, AGED ABOUT 78 YEARS, R/AT NO.103, A BLOCK, 3RD MAIN, C.I.L. COLONY, SANJAYANAGARA, BENGALURU - 560 094 2. SRI. M.S SATYANARAYANA, S/O M. SRINIVASA RAO, AGED ABOUT 78 YEARS, R/AT NO. 103, A BLOCK, 3RD MAIN, C.I.L, COLONY, SANJAYANAGARA, BENGALURU - 560 094 PETITIONERS (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: STATE OF KARNATAKA BY SANJAYANAGARA P.S. BENGALURU - 560 036 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL. S.P.P.) THIS CRL.P IS FILED U/S 439(1)(B) CR.PC (FILED U/S 483(1)(B) OF BNSS) PRAYING TO RELAX/MODIFY THE CONDITION Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14331 CRL.P No. 3719 of 2025 NO.5 OF THE ANTICIPATORY BAIL ORDER DATED 05.07.2024 PASSED IN CRIMINAL MISC.NO.6008/2024, PERMITTING THE PETITIONERS(ACCUSED NO.1 AND 2) IN FIR IN CRIME NO.65/2024 FOR ALLEGED O/P/U/S 404, 406, 419, 420, 468, 463, 464, 506, 120B R/W 34 OF IPC AND SECTION 66 OF I.T ACT 2000 PENDING ON THE FILE OF 8TH ADDL.CMM COURT, BANGALORE TO TRAVEL DUBAI FOR THE PERIOD OF 1 MONTH FORM 7TH APRIL TO 6TH MAY 2025 TO VISIT THE PLACE OF THEIR DAUGHTER WHO IS RESIDING AT DUBAI ALONG WITH HER FAMILY. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioners herein who are arrayed as accused Nos. 1 and 2 in Crime No.95/2024 registered by Sanjay Nagar Police Station, Bengaluru for the offences punishable under Sections 404, 406, 419, 420, 468, 463, 464, 506, 120B read with Section 34 of the Indian Penal Code (for short, 'IPC') and Section 66 of Information and Technology Act, 2000, (for short, 'IT Act') are before this Court under Section 439(1)(b) of Cr.PC with a prayer to relax condition No.5 imposed by the Court of LV Additional City Civil and Sessions Judge, Bengaluru, while allowing Crl.Misc.No.6008/2024 vide order dated 05.07.2024. - 3 - NC: 2025:KHC:14331 CRL.P No. 3719 of 2025 2. Heard the learned counsel for the parties. 3. Petitioners herein had filed Crl.Misc.No.6008/2024 before the Court of LV Additional City Civil and Sessions Judge, Bengaluru, under Section 438 of Cr.PC, apprehending arrest in Crime No.95/2024, registered by Sanjay Nagar Police Station, Bengaluru. 4. Learned Sessions Judge, vide order dated 05.07.2024 had allowed Crl.Misc.No.6008/2024 and had granted anticipatory bail to the petitioners herein subject to certain conditions. Condition No.5 imposed by the learned Sessions Judge reads as follows: "5. They shall not leave the jurisdiction of this Court, without prior permission of this Court." 5. The petitioners had thereafter filed Crl.Misc.No.1176/2025 before the learned Sessions Judge under Section 439(1)(b) of Cr.PC seeking relaxation of condition No.5 in Crl.Misc.No.6008/2024. Learned Sessions Judge vide order dated 25.02.2025 has rejected Crl.Misc.No.1176/2025 and therefore, the petitioners are before this Court. - 4 - NC: 2025:KHC:14331 CRL.P No. 3719 of 2025 6. Learned counsel for the petitioners submits that petitioners who are the parents of accused No.3, intend to visit her house at Dubai. He has filed a memo stating that petitioners will be traveling to Dubai on 07.04.2025 and will be returning on 05.05.2025. He has also produced VISA of the petitioners and their Air tickets along with memo. It is submitted by the learned counsel for the petitioners that, accused No.3 is staying in Dubai along with her husband and child and petitioners intend to see their grand child. Learned Additional SPP has not seriously opposed the prayer made in the application. 7. Considering the submissions made and also the averments found in the petition, I am of the view that prayer made by the petitioners needs to be granted. Accordingly, the following:- ORDER The petition is allowed. Condition No.5 imposed by the Court of LV Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.6008/2024 dated 05.07.2024 stands relaxed and - 5 - NC: 2025:KHC:14331 CRL.P No. 3719 of 2025 other conditions imposed in Crl.Misc.No.6008/2024 remains un- altered. Hand delivery of this order is permitted. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 55