Citation : 2024 Latest Caselaw 1079 Kant
Judgement Date : 11 January, 2024
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NC: 2024:KHC-D:690
CRL.P No. 103314 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 103314 OF 2023
BETWEEN:
NARASAPPA
S/O RANGAPPA UPPAR
AGE: 46 YEARS, OCC: AGRICULTURIST
R/O. NANDIHALLI, TALUQ KARATAGI
DISTRICT- KOPPAL.
...PETITIONER
(BY SRI MOHAMMED AZARUDDIN M, ADVOCATE)
AND:
1. STATE OF KARNATAKA
KARATAGI PS, KOPPAL DISTRICT
RERESENTED BY
Digitally signed
STATE PUBLIC PROSECUTOR
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2024.01.22
11:44:41 +0530
HIGH COURT COMPLEX BUILDING
DHARWAD - 580 011.
2. HANUMESH
S/O TIMMAREDDY AMMANNUARU
AGE: 31 YEARS
NANDI HALLI VILLAGE
KARATAGI (TQ)
KOPPAL DISTRICT - 583 231.
...RESPONDENTS
(BY SRI ASHOK T KATTIMANI, AGA)
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NC: 2024:KHC-D:690
CRL.P No. 103314 of 2023
THIS CRIMINAL PETITION IS FILED U/S 439 (1) (b) OF
CR.P.C. SEEKING TO RELAX THE 2ND CONDITION OF ORDER IN
CRIMINAL APPEAL No.100498/2022 DATED 23.11.2022 GRANT
BY THIS HON'BLE COURT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT
MADE THE FOLLOWING:
ORDER
1. This petition is filed seeking relaxation of condition
No.ii imposed in the order dated 23.11.2022 passed in
Crl.A.No.100498/2022.
2. The petitioner was appellant No.2 in
Crl.A.No.100498/2022. The said criminal appeal came to
be allowed by judgment dated 23.11.2022 and this
petitioner has been granted anticipatory bail in Crime
No.103/2022 of Karatagi Police Station subject to the
following conditions:
i. Appellant No.2/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
NC: 2024:KHC-D:690
ii. Appellant No.2/accused No.2 shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute bail and furnish surety.
iii. Appellant No.2/accused No.2 shall not indulge in tampering the prosecution witnesses.
iv. Appellant No.2/accused No.2 shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.
3. The petitioner is seeking relaxation of condition No.ii
ie., to appear before the jurisdictional Court within fifteen
days. It is stated that the petitioner due to ill-health and
financial crisis could not comply condition No.ii.
4. Accepting the cause shown, condition No.ii requires
to be relaxed. Accordingly, the following;
ORDER
The petition is allowed. The time imposed in
condition No.ii, ie., fifteen days is relaxed. The petitioner
- accused No.2 shall appear before the jurisdictional Court
NC: 2024:KHC-D:690
within seven days from the date of receipt of a certified
copy of this order and comply the other conditions.
Sd/-
JUDGE
GH
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