D/o.Kailash Jain, Aged about 26 years, R/at.No.24, 6th Cross, 7th Main, Sreeramapura, Bengaluru. (By Sri.H.M.F., Advocate)
.Vs.
RESPONDENT : State by Sanjay Nagar Police, Bengaluru. (By learned Public Prosecutor)
ORDER ON BAIL PETITION
This is a petition under Section 439(1)(b) of Cr.P.C., filed by the learned counsel for the petitioner praying Crl.Misc.No.3440/2024 2
the court to relax the condition No.3 imposed in
Crl.Misc.No.12504/2023, dated:27.01.2024.
2. Brief facts of the case are as under:
The petitioner has obtained anticipatory bail before this court in Crl.Misc.No.12504/2023, dated:27.01.2024 in connection with Crime No.317/2023 of the respondent-Sanjay Nagar Police Station, Bengaluru. The present petition is filed seeking to relax the bail conditions till the completion of investigation. It is stated in the petition that the petitioner is going on Theertha Yatra along with her family for three months and it is their family tradition and the ticket is already booked on 5.04.2024. Therefore, the present petition is filed seeking the relaxation of the bail conditions.
3. The learned Public Prosecutor has filed objections
and contended that the petitioner has not complied the conditions imposed by this court. Hence, sought for rejection of the petition.
4. Heard the learned Public Prosecutor. The petitioner
was present in person and filed a letter dated:3.07.2024 addressed to the court along with a copy of document dated:18.06.2024.
5. The points raised for determination are as under:
(1)Whether the petitioner has made out grounds to allow the petition ?
(2)What Order ? Crl.Misc.No.3440/2024 3
6. My findings to the above points are as under:
POINT No.1 : Negative, POINT No.2 : As per the final order, for the following: REASONS 7. POINT No.1: Admittedly, it is the fact that this petitioner had already obtained bail before this court in Crl.Misc.No.12504/2023 vide order dated:27.01.2024. On perusal of the petition, it is observed that the petitioner has stated that she is going on Theertha Yatra along with her family for three months and on the said ground she has asked for relaxation of bail conditions and in support of the said contention, a copy of the train ticket booking confirmation document is furnished. On perusal of the said document, it appears that the date of journey is mentioned as 6.04.2024 and scheduled arrival is mentioned as 7.04.2024.
8. In view of the said document furnished before the
court, it is pertinent to note that more than three months have lapsed from the date of the alleged journey. Even otherwise the petitioner who has appeared in person before the court has filed a letter with the subject : “Application of relaxation of bail condition requiring weekly visit to Sanjay Nagar Police Station”. In the said document it is signed by the petitioner. It is stated that she has secured employment which requires her to commence her work by July 10 th Crl.Misc.No.3440/2024 4
out of Karnataka State and in this regard she has
furnished a document said to have been issued by Surtaru Wellness Pvt. Ltd., to the petitioner, which goes to show that the petitioner has been appointed as Director of Sales and Marketing Operations. The learned Public Prosecutor has filed objections stating that the application filed by the petitioner is vague as to which condition has to be relaxed. Hence prayed that the application be rejected.
9. In view of the aforesaid contentions taken by the
petitioner, it is observed that the petition came to be filed before the court on 6.04.2024 i.e., on the date of departure for the said journey and as stated supra three months have lapsed since the date of the said Theertha Yatra and now under the same petition the petitioner has filed a letter stating that she needs to report to her employment on July 10th. As such it is observed that the petition averments and the present letter contents contradict with each other. Even otherwise the petition filed seeking relaxation of the bail conditions does not specifically state as to which condition has to be relaxed. Also the claim Theertha Yatra date has already lapsed. Hence, as on this date the petition stand infructuous. Accordingly, the Point No.1 is answered in the Negative.
10. POINT No.2 : In view of my finding on point
No.1 as above, I proceed to pass the following : Crl.Misc.No.3440/2024 5
ORDER The petition filed by the petitioner under Section 439(1) (b) of Cr.P.C., is hereby dismissed.
(Dictated to the Stenographer Grade-II directly on computer, corrected, signed
and then pronounced by me in the open court on this the 6 th day of July 2024)
