K V Nagaraj @ Swastik Nagaraj vs State By on 5 December, 2018

Karnataka High Court

K V Nagaraj @ Swastik Nagaraj vs State By on 5 December, 2018
Author: K.S.Mudagal
1 CRL.P.NO.4917/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF DECEMBER, 2018

BEFORE

THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.4917 OF 2018

BETWEEN :

K.V.Nagaraj @ Swastik Nagaraj,

S/o. Late.K.Gopal Shetty,
Aged about 43 years,
Residing at 8th Cross,
M.J.Nagar,
Geeta Gopal Mansion,
Hospet-583 201,
Bellary District. ... Petitioner

(By Sri.Nagendra Naik.K, Advocate)

AND :

State by Lokayuktha Police

Special Investigation Team
For Mining cases
UAS Campus, Hebbala,
Bengaluru,
Represented by Special
Public Prosecutor,
High Court of Karnataka
Bengaluru-01. ... Respondent

(By Sri.P.Govindan, SPL.PP, (Absent))

2 CRL.P.NO.4917/2018

This Criminal Petition is filed under Section 439

(1) (b) read with 482 of Cr.P.C praying to 1. Set aside
the order dated 07.04.2018 in Crl.Misc.No.6468/2015,
passed by the Hon'ble LXXXI Additional City Civil and

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 K V Nagaraj @ Swastik Nagaraj vs State By on 5 December, 2018

Sessions Judge at Bengaluru and 2. Allow the

application filed by the petitioner for relaxation of the
bail condition No.2 "That the petitioner shall appear
before the Investigating Officer on every 1st and 3rd
Monday of every month till filing of final report", as
imposed by Hon'ble LXXXI Additional City Civil and
Sessions Judge at Bengaluru, vide its order dated
31.12.2015 in Crl.Misc.No.6468/2015.

This petition coming on for Orders this day, the

Court made the following :

ORDER

None appears for the respondent.

2. Heard the learned counsel for the petitioner.

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/-

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 K V Nagaraj @ Swastik Nagaraj vs State By on 5 December, 2018

JUDGE Mgn/-

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