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2025 DAILYLAW 82338 (KAR)

MR. SHIVAJI ROY v. THE STATE OF KARNATAKA

CRL.P/15231/2025 · 2025-11-07

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45380 CRL.P No. 15231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15231 OF 2025 BETWEEN: 1. MR. SHIVAJI ROY, AGED ABOUT 32 YEARS, S/O SRI BHASWAR ROY, R/AT FLAT NO.1172, SOBHA FOREST VIEW APARTMENT, BANASHANKARI 6TH STAGE, KANAKAPURA MAIN ROAD, NEAR TURAHALLI, VAJARAHALLI, BENGALURU - 560 062. …PETITIONER (BY SRI.P.P.HEGDE., SENIOR COUNSEL FOR SRI.GANAPATHI BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE POLICE INSPECTOR, THALAGHATTAPURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. 2. XXX XXX …RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R-1; NOTICE TO R-2 IS DISPENSED WITH V/O/D 07.11.2025) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) BY THE ADVOCATE FOR THE PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45380 CRL.P No. 15231 of 2025 PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELAX/MODIFY CONDITION NO. (e) OF THE ORDER DATED 15.07.2025 PASSED BY THE HONBLE HIGH COURT OF KARNATAKA IN CRL.P NO.8685/2025 GRANTING REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH FIR IN CRIME NO.216/2025 OF THALAGHATTAPURA POLICE STATION PENDING ON THE FILE OF THE II ADDL.CJM, (ACJM) BENGALURU RURAL DISTRICT AND CONSEQUENTLY PERMIT THE PETITIONER TO LEAVE THE JURISDICTION OF THE TRIAL COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This criminal petition under Section 483(1)(b) of BNSS, 2023 is filed with the prayer to relax/modify condition (e) imposed by this Court in Crl.P.No.8685/2025 disposed of on 15.07.2025. 2. Heard the learned Senior Counsel for the petitioner and learned HCGP for respondent No.1. 3. Petitioner who is arraigned as accused No.1 in Crime No.216/2025 registered by Thalaghattapura Police Station, Bangalore for offences punishable under Sections 389(2), 69 read with Section 3(5) of the BNS, 2023 had approached this Court in Crl.P.No.8685/2025 seeking - 3 - HC-KAR NC: 2025:KHC:45380 CRL.P No. 15231 of 2025 regular bail. The said petition was allowed by this Court on 15.07.2025 subject to certain conditions. Condition (e) imposed by this Court in Crl.P.No.8685/2025 read as follows: "Condition (e) : The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off." Seeking relaxation/modification of the said condition, this petition is filed under Section 483(1)(b) of BNSS 2023. 4. Learned Senior Counsel for the petitioner submits that petitioner is a software engineer working in a multinational company in Bengaluru and he is required to travel every now and then to various places across India. This court in Crl.P.No.8162/2025 filed under Section 528 of Cr.PC to quash the entire proceedings in Crime No.216/2025 has directed the police not to file charge sheet without leave of the Court and the said interim order granted by the Court on 21.07.2025 is in operation till - 4 - HC-KAR NC: 2025:KHC:45380 CRL.P No. 15231 of 2025 date. Condition (e) imposed by this Court has been causing untold hardship to the petitioner, who has no other criminal antecedent. 5. Per contra, learned HCGP who has opposed the petition, submits that petitioner may be directed to appear before the Trial Court regularly on all the dates of hearing. 6. Perusal of the Order passed in Crl.P.No.8685/2025 would go to show that this Court while granting regular bail to petitioner has taken note of the fact that he is employed in a multinational company and he has no other criminal antecedent. It is submitted by learned Senior Counsel for the petitioner that the petitioner who is working as a Senior Data Analyst in a multinational company is required to frequently travel in connection with his job. This Court, while allowing Crl.P.No.8685/2025 has imposed several other conditions including a condition that petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons. - 5 - HC-KAR NC: 2025:KHC:45380 CRL.P No. 15231 of 2025 Therefore, the apprehension expressed by learned HCGP has been already taken care of while disposing of Crl.P.No.8685/2025. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted, accordingly the following: ORDER (i) The criminal petition is allowed. (ii) Condition (e) imposed by this Court in Crl.P.No.8685/2025 which was disposed of on 15.07.2025 stands relaxed. (iii) all other conditions remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 11