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2025 DAILYLAW 40477 (KAR)

SMT MANJULA BAI @ MANJULA DEVI v. THE STATE OF KARNATAKA

CRL.P/12142/2025 · 2025-08-21

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32595 CRL.P No. 12142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 12142 OF 2025 BETWEEN: 1. SMT. MANJULA BAI @ MANJULA DEVI W/O. K. RAMA NAIK AGED ABOUT 68 YEARS R/AT D-21/6, DRDO TOWNSHIP C.V. RAMAN NAGAR BENGALURU NORTH - 560 093. 2. K. RAMA NAIK S/O. KRISHNA NAIK AGED ABOUT 69 YEARS R/AT No. 840, 12TH MAIN 22ND CROSS, JUDICIAL LAYOUT BENGALURU NORTH - 560 093. 3. SMT. SHARADA BAI @ SHARADAMMA W/O BHIMA NAIK AGED ABOUT 62 YEARS R/AT GOLLAHALLI, SHIBALINGAPURA ANTHARAHALLI BENGALURU NORTH - 560 064. …PETITIONERS (BY SRI THYAGARAJ M, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32595 CRL.P No. 12142 of 2025 AND: THE STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE, DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT REPRESENTED BY HCGP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439(1)(b) Cr.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO MODIFY CONDITION No.3 OF THE ORDER DATED: 27.11.2024 PASSED BY THE LEARNED IV ADDITIONAL DISTIRCT AND SESSIONS JUDGE, SETTING ASIDE THE ORDER DATED:07.07.2025, PERMITTING THE PETITIONERS TO APPEAR BEFORE THE INVESTIGATING OFFICER WITHIN SUCH EXTENDED TIME AND ON SUCH TERMS AS MAY BE DEEMED FIR BY THIS COURT IN CR.No.333/2025 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT DODDABALLAPURA, BY ALLOWING THIS PETITION. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned HCGP takes notice for respondent - State. 2. Petitioners were granted anticipatory bail by the learned Sessions Judge, Bengaluru Rural District, in - 3 - HC-KAR NC: 2025:KHC:32595 CRL.P No. 12142 of 2025 Crl.Misc.No.10205/2024 by an order dated 27.11.2024, in connection with a case registered in Cr.No.333/2024 of Doddaballapura Rural Police Station, for the offence under Section 108 and 3(5) of BNS,2023. 3. As per condition No.3, petitioners were directed to appear before the Investigation Officer as well as the Magistrate within 15 days from the date of the order. 4. Petitioners have appeared before the Investigation Officer, but failed to appear before the learned Magistrate within the stipulated period. The application filed before the Sessions Judge to delete/modify condition No.3 has been rejected vide order dated 07.07.2025 in Crl.Misc.10205/2024. Hence, this petition. 5. It is submitted that the petitioners are residing in Bengaluru and they are all senior citizens, suffering from ailments and therefore, they could not appear before the jurisdictional Court within the time stipulated in the order. - 4 - HC-KAR NC: 2025:KHC:32595 CRL.P No. 12142 of 2025 6. Considering that anticipatory bail was granted to the petitioners and they have appeared before the Investigation Officer within the stipulated time, there is no impediment to direct them to appear before the learned Magistrate, where the case is pending. Condition No.3 imposed in Crl.Misc.No.10205/2024 by the learned IV Addl.District and Sessions Judge, Doddaballapura, Bengaluru Rural District, dated 27.11.2024 is modified to the extent, directing the petitioners to appear before the learned Magistrate on or before 30.08.2025. All other conditions shall remain intact. Accordingly, the criminal petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 18