K.LENIN Vs. NITHYANANDA SWAMY

JUDGEMENT

(1.) Respondent No.1 Nithyananda Swamy @ A Rajashekaran is being tried for the offences punishable under sections 295-A, 376, 377, 420, 506(1) & 120-B IPC before the III Additional District and Sessions Judge, Ramanagara in S.C.No.86/2014. He was admitted to bail by orders of this Court in Criminal Petition No.2328/2010 c/w. Criminal Petition Nos.2344/2010 and 2329/2010 dated 11.06.2010, and was ordered to be released subject to the following conditions:-

(2.) Subsequently condition Nos.2 and 3 were relaxed by orders of this Court in Criminal Petition No.2328/2010. Though copy of this order is not produced either by the petitioner or by the respondents, yet, in the order passed by the Trial Court in S.C.No.86/2014 on the application filed by respondent No.1 under section 273 read with section 317 Cr.P.C., dated 09.12.2019, it is observed that, I.A.No.3/2011 was moved by accused No.1 in Criminal Petition No.2328/2010 before the High Court of Karnataka and the same was allowed by order dated 16.12.2011, thereby relaxing condition Nos.2 and 3 which dealt with prohibition of accused No.1 leaving jurisdiction of the Trial Court without the permission and to mark his personal attendance once in 15 days before the jurisdictional police.

(3.) Petitioner before this Court is the first informant who set the law in motion, leading to the prosecution of respondent No.1/accused No.1 and others for the above offences. He has moved the instant petition under section 439(2) of Cr.P.C., seeking cancellation of the bail granted to respondent No.1/accused No.1 in Criminal Petition No.2328/2010 on the following grounds:-