NAGESH D. Vs. STATE

JUDGEMENT

(1.) The petitioner - accused No.1 in Crime No.47/2022 registered by Doddaballapura Police Station, Bengaluru Rural District for the offence punishable under Sec. 395 of IPC is before this Court under Sec. 439(1)(B) of Cr.P.C., with a prayer to modify condition No.3 imposed by the IV Addl. District and Sessions Judge, Doddaballapura, Bengaluru Rural District in Crl.Misc.No.10111/2022 disposed of on 23/6/2022.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) Facts leading to filing of this petition narrated briefly are, on the basis of complaint lodged by one Laxmipathi S/o Ugrappa, Doddaballpura Police have registered FIR in Crime No.47/2022 for the offence punishable under Sec. 395 of IPC against six unknown persons. The bail application filed by petitioner - accused No.1 under Sec. 438 of Cr.P.C, in Crl.Misc.No.10111/2022 was allowed by the court of IV Addl. District & Sessions Judge, Doddaballpura by order dtd. 23/6/2022 subject to certain conditions. Condition No.3 imposed in Crl.Misc.No.10111/2022 directed the petitioner to appear before the Investigation Officer within 15 days from the date of order and furnish surety. The said condition was not complied by the petitioner and he subsequently filed application under Sec. 439(1)(B) before the IV Addl. District & Sessions Judge, Doddaballpura. The said application was dismissed by the said Court on the ground that the same was filed belatedly and there was no reason to entertain the said application. Being aggrieved by the same, the petitioner is before this Court.