BHAGIRA NAGENDRA Vs. STATE

JUDGEMENT

(1.) Petitioner is accused No. 12 in Special C.C. No. 135/2013 on the file of XLVI Additional City Civil and Sessions Judge and Special Judge for CBI Cases at Bangalore for the offences punishable under Section 409, 420, 434, 447, 468, 471 read with Section 120-B IPC and also Section 13(2) and 13(1) of Prevention of Corruption Act. The matter is under investigation. Petitioner is a sitting member of Legislative Assembly from Kudligi Constituency, Bellary District in the State of Karnataka. The Special Court permitted the petitioner to attend the Assembly Session at Belgaum during the year 2013. Petitioner complied the conditions imposed by the Special Judge while attending the Assembly Session at Belgaum. Now the Karnataka Assembly Session is going on at Bangalore. Petitioner is lodged in the Central Jail at Bangalore. In the circumstances the petitioner filed an application seeking an interim arrangement permitting him to attend the Assembly Session and to stay during the Session period either in Kumara Krupa State Guest House or in the Karnataka Legislators Home. The Special Judge after hearing both the parties passed the impugned order permitting the petitioner to attend the Assembly Session subject to certain conditions. But the Special Judge rejected the request of the petitioner for his stay in Kumara Krupa State Guest House or in the Karnataka Legislators Home. Aggrieved by this denial of stay outside the prison, the petitioner is before this Court.

(2.) Sri. C H Jadhav, learned Senior counsel for the respondent, relying on a judgment of the Delhi High Court dated 05.08.2011 in W.P. (C) 5367/2011 contend that the petitioner is not entitled to seek modification of the order of Special Judge and the very petition is not maintainable. I decline to accept this contention of the learned Senior counsel for the respondent. Firstly, this Court under Section 482 Cr.P.C. is entitled to modify the conditions of interim arrangement made by the Special Judge. It is not shown to me what is the prejudice that will be caused to the respondent if the petitioner is permitted to stay outside the prison during the period of the Karnataka Assembly Session under the escort of the jail authorities. When the petitioner is permitted to attend the Karnataka Assembly Session and participate in the proceedings, then I am of the considered opinion that he should have peaceful mental makeup for effective participation in the proceedings in the Session. In order of enable the petitioner's effective participation he is required to read papers, prepare himself in a conducive atmosphere. Therefore I am of the considered opinion that it is necessary to permit the petitioner to stay outside the prison during the period of Karnataka Assembly Session. It is brought to my notice that the on going Session is tentatively fixed up to 30.01.2014. Hardly another one week's time is left. Therefore it is necessary to permit the petitioner to stay outside the prison at Kumara Krupa State Guest House till 30.01.2014 under the escort of jail authorities. To this extent the impugned order of the Special Judge requires modification. Accordingly, the following;