IN THE COURT OF DISTRICT AND SESSION JUDGE AT BANGALORE
Crl.Misc. No. 00/2018
BETWEEN:
Sri. ABC
S/o. XYZ
Aged about 39 Years
R/o Villa No 00-B, Shobha Malachite,
Jakkur Plantation, Yelahanka
Bengaluru 00 ......PETITIONER
AND:
State of Karnataka,
Cubbon Park Police
Represented by Public Prosecutor
High Court of Karnataka ......RESPONDENT
APPLICATION UNDER SECTION 438(2) OF THE CODE OF CRIMINAL PROCEDURE
- The above petition was filed seeking the relief of Anticipatory Bail at the hands of this Hon’ble court in Crime No 00/2017 registered by the respondent Police for the offences under section 420 of the Indian Penal code.
- It is submitted that this Hon’ble court by its order dated 5/06/2018 was pleased to enlarge the Petitioner/Accused herein on Bail by imposing the following conditions.
- The petitioner shall not tamper with the prosecution witnesses in any manner
- The petitioner shall make himself available before the I.O. for the purpose of investigation a sand when required between 10.00 a.m. to 5.30 p.m. till the filing of charge sheet.
- The petitioner shall not leave the jurisdiction of the Court without prior permission.
- The petitioner shall furnish his residential proof.
- The petitioner shall not indulge in any criminal activities and in case of any violation of the above conditions , his bail bond shall automatically stands cancelled.
- The petitioner shall appear before the Jurisdictional magistrate with in a period of 30 days from the date of this order and shall apply of regular bail.
- This petitioner has been named as one of the Accused along with others in a similar related complaint in Crime No.00/2017 registered by the very same respondent Police.
- It is submitted that, the Hon’ble High Court of Karnataka vide its order dated 19/03/2018 passed in Crl.Pet. No. 00/2018 C/w Crl.Pet No. 00/2018 has been pleased to grant Anticipatory Bail to Accused No.3 and 4. Copy of the order is herewith produced and marked as Document No.1.
- It is submitted that, the petitioner herein has also filed Crl. Pet. No.00/2018 seeking Anticipatory Bail in te abov Crime No. And the matter is listed before the Hon’ble Court on 3/1/2018 for consideration of the same. Copy of the Online Photo available on the High Court of Karnataka Website evidencing the listing of Crl. Pet. No.00/2018 is produced as Document No.2.
- It is submitted that, though the petitioner is wanting to comply with condition No. vi imposed by this Hon’ble Court while allowing Crl. Misc No.00/2018 by appearing before the learned Magistrate and seek for regular Bail; the registration/investigation of Crime No.00/2017 by the respondent Police has caused serious apprehension to the petitioner and presently he is not in a position to comply with above condition No.vi imposed by this Hon’ble Court while allowing Crl.Misc. No.00/2018.
- The non compliance of the conditions imposed by this Hon’ble Court by the petitioner is not deliberate/intentional but, in view of the resons explained herein above.
- Hence, in view of the above narrated circumstances this Application is made before this Hon’ble Court with a prayer to modify the order passed in Crl.Misc.No.00/2018 by relaxing/extending condition No.vi by which 30 days time was granted to the petitioner to appear before the Jurisdictional Magistrate and seek/apply for regular Bail by another 3 weeks to enable the petitioner to comply with condition No.vi.
- WHEREFORE IT IS MOST RSPECTFULLY SUBMITTED that this Hon’ble court be pleased to kindly Relax/Modify Bail condition No vi imposed by this Hon’ble court vide its order dated 5/6/2018 while allowing Crl.Misc. No.00/2018 by extending the time granted vide condition No.vi by another 3 weeks to enable the petitioner to appear before the Jurisdictional Magistrate and seek/apply for regular Bail in the interest of justice and equity.
Date: 02/07/2018
Place: Bangalore Advocate for the Petitioner
