AI Structured Summary
Not yet generated for this judgment
Judgment
S Vishwajith Shetty, J
Petitioners herein who are arrayed as accused Nos. 1 and 2 in Crime No.95/2024 registered by Sanjay Nagar Police Station, Bengaluru for the offences punishable under Sections 404, 406, 419, 420, 468, 463, 464, 506, 120B read with Section 34 of the Indian Penal Code (for short, 'IPC') and Section 66 of Information and Technology Act, 2000, (for short, 'IT Act') are before this Court under Section 439(1)(b) of Cr.PC with a prayer to relax condition No.5 imposed by the Court of LV Additional City Civil and Sessions Judge, Bengaluru, while allowing Crl.Misc.No.6008/2024 vide order dated 05.07.2024.
Heard the learned counsel for the parties.
Petitioners herein had filed Crl.Misc.No.6008/2024 before the Court of LV Additional City Civil and Sessions Judge, Bengaluru, under Section 438 of Cr.PC, apprehending arrest in Crime No.95/2024, registered by Sanjay Nagar Police Station, Bengaluru.
Learned Sessions Judge, vide order dated 05.07.2024 had allowed Crl.Misc.No.6008/2024 and had granted anticipatory bail to the petitioners herein subject to certain conditions. Condition No.5 imposed by the learned Sessions Judge reads as follows:
"5. They shall not leave the jurisdiction of this Court, without prior permission of this Court."
The petitioners had thereafter filed Crl.Misc.No.1176/2025 before the learned Sessions Judge under Section 439(1)(b) of Cr.PC seeking relaxation of condition No.5 in Crl.Misc.No.6008/2024. Learned Sessions Judge vide order dated 25.02.2025 has rejected Crl.Misc.No.1176/2025 and therefore, the petitioners are before this Court.
Learned counsel for the petitioners submits that petitioners who are the parents of accused No.3, intend to visit her house at Dubai. He has filed a memo stating that petitioners will be traveling to Dubai on 07.04.2025 and will be returning on 05.05.2025. He has also produced VISA of the petitioners and their Air tickets along with memo. It is submitted by the learned counsel for the petitioners that, accused No.3 is staying in Dubai along with her husband and child and petitioners intend to see their grand child. Learned Additional SPP has not seriously opposed the prayer made in the application.
Considering the submissions made and also the averments found in the petition, I am of the view that prayer made by the petitioners needs to be granted. Accordingly, the following:-
ORDER
The petition is allowed.
Condition No.5 imposed by the Court of LV Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.6008/2024 dated 05.07.2024 stands relaxed and other conditions imposed in Crl.Misc.No.6008/2024 remains un-altered.
Hand delivery of this order is permitted.