DR. VISHAL KESHAV RAUT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.10 under Sec. 439(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ', for brevity) seeking setting aside the condition No.ii imposed by II Additional District and Sessions Judge, Uttara Kannada, Karwar in Crl. Misc.No.319/2021 by order dated 15/09/2021 directing the petitioner to appear before Ankola Police Station on every alternate Sunday commencing from 26.09.2021 between 10.00 am, to 5.00 pm., till charge sheet is filed in Crime No.62/2021 of Ankola Police Station registered for the offence punishable under Sec. 279 of IPC and Sections 32, 34, 38A of Karnataka Excise Act 1965.

(2.) A case was registered in Crime No.62/2021 of Ankola Police Station for the offences punishable under Sec. 279 of IPC and Sections 32, 34 and 38A of Karnataka Excise Act 1965. The said crime was registered against the driver and owner of the Lorry bearing registration No.MH-06-AQ-2478. The name of the petitioner was not mentioned in the FIR and complaint. The petitioner who on receipt of notice under Sec. 41(A) of Cr.P.C., apprehending his arrest has filed Crl. Misc. No.319/2021 seeking anticipatory bail. The said petition was allowed by II Additional District and Sessions Judge, Uttara Kannada, Karwar in Crl. Misc.No.319/2021 by order dated 15/09/2021 and anticipatory bail has been granted to the petitioner, subject to following conditions:

(3.) The petitioner is seeking relaxation of condition No.ii imposed in the above referred order. The relaxation is sought on the ground that the petitioner is a Medical Practitioner, residing at Mohopada Taluk, Khalapur District, Raigarah in Maharashtra State.