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2025 DAILYLAW 26950 (KAR)

KISHOR KUMAR P A v. THE STATE OF KARNATAKA

CRL.P/7261/2025 · 2025-06-05

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19082 CRL.P No. 7261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7261 OF 2025 BETWEEN: KISHOR KUMAR P.A S/O ASHOK KUMAR AGED ABOUT 50 YEARS R/ AT. PERUMBILLY HOUSE MULLASSERY, VENKITANGU THRISSUR, MULLASSERY KERALA - 680 509. …PETITIONER (BY SRI BHADRAVADI SIDDESWARA, ADV.) AND: THE STATE OF KARNATAKA BY HALASOOR GATE POLICE STATION, REPRESENTED BY S.P.P HIGH COURT PREMISES BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ALLOW THE PRESENT PETITION BY MODIFYING CONDITION NO.01 OF THE ANTICIPATORY BAIL ORDER DATED 19.04.2025 PASSED IN CRL.MISC.NO.8537/2024 BY THE HONBLE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU; PERMIT THE PETITIONER TO APPEAR BEFORE THE INVESTIGATING OFFICE AND COMPLY WITH THE SAID BAIL CONDITION BY GRANTING AN EXTENSION OF 7 DAYS TIME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19082 CRL.P No. 7261 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 439(1)b) of Cr.PC read with Section 483(1)(b) of BNSS, 2023, is filed with a prayer to modify/relax condition no.1 imposed in Crl. Misc. No.3063/2025 by the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru (for short, 'the Sessions Court') vide order dated 19.04.2025. 2. Petitioner had filed Crl. Misc. No.3063/2025 before the Sessions Court apprehending arrest in Crime No.77/2025 registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 61(2), 316(2), 318(4), 3(5) of BNS, 2023. Vide order dated 19.04.2025 passed by the Sessions Court, Crl. Misc. No.3063/2025 was allowed subject to certain conditions. Condition no.1 imposed by the Sessions Court while disposing of Crl. Misc. No.3063/2025, reads as under: "1. The petitioner shall appear before the concerned Investigation Officer within 15 days from the date of this order without fail." - 3 - HC-KAR NC: 2025:KHC:19082 CRL.P No. 7261 of 2025 3. Seeking relaxation of the aforesaid condition, petitioner had filed an application before the Sessions Court in Crl. Misc. No.3063/2025, which was dismissed on 29.05.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that due to medical condition of the petitioner, he could not comply with condition no.1 imposed by the Sessions Court in Crl. Misc. No.3063/2025, and if a week's time is granted, he will comply with the said condition. 5. Learned HCGP fairly does not oppose the prayer made by the petitioner. 6. Considering the fact that the petitioner has been granted anticipatory bail by the Sessions Court in Crl. Misc. No.3063/2025 imposing certain conditions, which he could not comply due to his health condition, I am of the opinion that the prayer made by the petitioner requires to be granted. Accordingly, the following order: 7. Petition is allowed. The time granted to the petitioner by the jurisdictional Sessions Court in Crl. Misc. No.3063/2025 - 4 - HC-KAR NC: 2025:KHC:19082 CRL.P No. 7261 of 2025 disposed of on 19.04.2025, to appear before the Investigation Officer is extended by a further period of one week from the date of receipt of the certified copy of this order. All other conditions in Crl. Misc. No. 3063/2025 remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE KK