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Crl.Misc. No. 595/2023
IN THE COURT OF LXIX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE (CCH 70)
Present:
Sri Rajesh Karnam.K, B.SC., LL.B., L.L.M
LXIX Additional City Civil and
Sessions Judge, Bengaluru.
Dated this the 24th day of January, 2023
Crl.Misc.No.595/2022
Petitioner:
Ms. Susheela murthy
W/o Late. Sri Krishnamurthy V,
aged about 69 years,
R/at No. 21, Mahalakshmi Farm,
Opp; Ullal lake, Ullalu Upanagar,
Bengaluru 560 056. A2
(By Sri.Pramod K.B, Advocate)
Vs.
Respondent:
State of Karnataka
By Jnanabharathi P.S.
Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 438 OF CR.P.C.
The petitioner has filed this petition for modification of
condition No.5 and 7 imposed as conditions of bail order
passed in Crl. Misc. 10738/2021 in Cr. No. 262/2021 for the
offences punishable u/sec. 405, 406, 415, 416,420, 468 r/w 34
of IPC.
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Crl.Misc. No. 595/2023
2. The Petitioner contended that this court granted
anticipatory bail to her in Crl. Misc. No. 10738/2021, After that
the petitioner complied the conditions of the bail order.
Petitioner submits recently her husband Sri Krishnamurthy
died due to cancer and she is aged and crippled. Her children
one is settled in UK and another daughter is settled in
Australia, they are married. The petitioner has to reside with
either of her daughters and she cannot live alone in the
present address. She has no direct relationship with the
complainant and the property in dispute relates to her father
and the entire transaction are within the knowledge of her
father and she has nothing to disclose to the I.O. and she is
completely unaware of the facts and circumstances. The IO
has to submit its final report. She has been appearing before
the IO as per the conditions imposed, she is ready and willing
and undertake to return to Bengaluru within 9 months from
this date provided pandemic situation prevalent during that
time as conducive for
travel and participate in the
proceedings. She is however represented through her parnts
and pleader. She provided her postal address, email ID and
contact number in case she required for the purpose of
investigation. Accordingly the petitioner prays for relaxation
of condition No.5 and 7.
3. Per contra the learned Prosecutor filed objection and
contended that the accused have not complied the conditions
of the bail order.
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Crl.Misc. No. 595/2023
4. Heard the arguments of both sides and perused the
materials available on record.
5. The points that arise for my consideration
are as
under:
i.
Whether petitioner made out grounds to
allow the prayer?
ii.
What order?
6. My findings on the above points are as follows:
i. Point No.1:
ii. Point No.2:
In the affirmative.
As per final order on the following
REASONS
7.
Perused the petition and the records presented
before this court. It is alleged in the complaint that
the
accused have committed the offences as stated above and
hence the complainant lodged complaint which is registered in
Cr. No. 262/2021 for the offences punishable u/sec. 405, 406,
415, 416,420, 468 r/w 34 of IPC.
8. The record shows that this court granted bail to the
petitioner and 2 others vide Crl. Misc. No. 10738/2021 by
imposing some conditions. Perused the conditions of the bail
order. It is true that
the condition No.5 and 7 are imposed.
The petitioner contends that she could not comply condition
No.5 and 7 because her daughter Neethu Murthy is a British
Citizen and a permanent resident of U.K. Her address being
Plat No.12, Clarence Court, Clarence road, Windsor,
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Crl.Misc. No. 595/2023
Berkshire SL4 5AB. United Kingdom and has to go to her
children’s place. The petitioner wants to go to her daughter
Nishu Murthy residence at Plat No.6A, Coolabah Place,
Blacktown,
NSW-2148,
LOT
2
S.P.45311,
Australia.
Considering the facts and circumstances of the case and the
submissions made by the petitioner and the material on
record this court is of the opinion that the petitioner has made
out grounds to relax condition No.5 and 7 of the anticipatory
bail order subject to certain other conditions.
Hence, this
point is answered in the affirmative.
9. Point No.2:
By considering the above over all
reasons this court proceed to pass the following;
ORDER
Application is allowed.
Condition No.5 and 7 of the bail order passed in
Crl.Misc. No.10738/2021 on the file of this Court dated
6.12.2021 are hereby modified.
In respect of condition No.7 the petitioner herein is
exempted from marking attendance in respondent P.S.
In respect of condition No.5 petitioner herein is
permitted to leave the jurisdiction subject to certain
conditions mentioned below;
Petitioner shall furnish the address proof where
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Crl.Misc. No. 595/2023
she intends to reside in United Kingdom/Australia to the
I.O.
Further before leaving the jurisdiction she shall
appear before the I.O and the IO shall conclude the
investigation in respect of petitioner herein.
Petitioner shall appear before I.O. when called for
considering the traveling conditions if required.
Petitioner shall appear before the concerned court
regularly
after
returning
from
U.K./Australia
to
Bangalore jurisdiction within 9 months from the date of
this order.
Petitioner shall have to file proper application
before trial court seeking exemption to appear before
trial court in the trial and trial court shall
consider the
same according to law keeping in view of the
proceedings in trial.
(Dictated to the Judgment Writer on computer, script thereof is
corrected, signed and pronounced by me in open court on this
the 24th day of January, 2023)
(Rajesh Karnam.K)
LXIX Addl.C.C. & Sessions Judge,
Bengaluru.
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Crl.Misc. No. 595/2023