Karnataka High Court K V Nagaraj at Swastik Nagaraj Vs State by On 5 December, 2018 Author: K.S.Mudagal
Karnataka High Court K V Nagaraj at Swastik Nagaraj Vs State by On 5 December, 2018 Author: K.S.Mudagal
Karnataka High Court K V Nagaraj at Swastik Nagaraj Vs State by On 5 December, 2018 Author: K.S.Mudagal
BEFORE
BETWEEN :
AND :
ORDER
3. This petition is filed seeking relaxation of condition No.2 of anticipatory bail order dated
23.12.2015 passed by the 23rd Additional City Civil and Sessions Judge, Special Judge, Bengaluru.
4. Petitioner is accused No.4 in Crime No.25/2015 of Karnataka Lokayuktha Police Station, which is
being 3 CRL.P.NO.4917/2018 investigated by Special Investigation Team for the offences
punishable under the MMDR Act, 1957 and Sections 13(1)(d) and 13(2) of the Prevention of
Corruption Act and Sections 379, 409, 447, 468, 471 and 420 read with 120-B of IPC.
5. In Crl. Misc. No.6468/2015, the Sessions Court granted anticipatory bail to the petitioner with
certain conditions. Condition No.2 is that, the petitioner shall appear before the Investigating
Officer on first and third Monday of every month till the filing of the final report and shall appear
before the Investigating Officer whenever directed till the filing of the final report.
6. The petitioner contends that since three years, charge sheet is not filed in the case and the
aforesaid condition is acting oppressively against him.
7. The FIR in the case was registered on 07.09.2015. The anticipatory bail was granted on 4
CRL.P.NO.4917/2018 23.12.2015. For the last more than three years, charge sheet is not filed.
Under these circumstances, the continuation of condition No.2 is unfair and oppressive against the
petitioner.
8. Therefore, petition is allowed. Condition No.2 in the anticipatory bail order dated 23.12.2015 in
Crl.Misc.6468/2015 passed by the 23rd Additional City Civil and Sessions Judge, Bengaluru, is
modified as follows :
'The petitioner shall appear before the Investigating Officer as and when required for
the purpose of investigation, till the completion of investigation.' Sd/-
JUDGE Mgn/-