Sri.Dileep Kumar R.S. vs. State Of Karnataka

Held

The Court held that the condition No. IV imposed in Criminal Petition No.1455/2020, which restricted the petitioner from leaving the jurisdiction of the trial court without prior permission, should be partially modified. The Court reasoned that considering the petitioner's submission that he is a director of Shanmuga Modern Rice Mill Ltd. and needs to travel to Bengaluru for business activities, including handling raw materials, payment of GST, auditing, and buying and selling, as well as to attend court proceedings, it would meet the ends of justice to allow him to travel. Therefore, the condition was modified to permit the petitioner to leave the jurisdiction of Kolar and come to Bengaluru to attend to his business activities and court proceedings. The ratio decidendi is that stringent conditions on bail or interim orders may be relaxed when they impede legitimate business operations and the attendance of court proceedings, provided the risk of absconding is mitigated.

Facts

The petitioner, Sri Dileep Kumar R.S., accused No. 4, filed a criminal petition under Section 439(1)(b) of the Cr.P.C. seeking relaxation of a condition imposed by this Court in a previous order. The condition stipulated that he shall not leave the jurisdiction of the trial court without prior permission until the case is disposed of. The prosecution case, based on a complaint by Dr. Akulappa Shetty, alleges that the petitioner and other accused collected Rs. 15 lakhs from the complainant's daughter for higher interest, executed an on-demand promissory note and issued a cheque, but failed to repay the amount. The complaint also states that the accused habitually collect money from customers without repayment. The petitioner, a director of Shanmuga Modern Rice Mill Ltd., argued that he needs to travel to Bengaluru for business activities, including handling raw materials, payment of GST, auditing, and buying/selling, and to attend another case registered against him.

Key Issues

1. Whether the condition imposed in Criminal Petition No.1455/2020, restricting the petitioner from leaving the jurisdiction of the trial court without prior permission, should be relaxed, considering his role as a director and the necessity to attend to business activities and court proceedings in Bengaluru? (Mixed question of law and fact, turning on Section 439(1)(b) of the Cr.P.C. and principles of justice). Petitioner's arguments: The petitioner contended that he is a director of Shanmuga Modern Rice Mill Ltd., which employs over 200 workers. He needs to travel to Bengaluru for essential business operations, including payment of GST, auditing, and transactional activities. He also needs to attend another case against him in Bengaluru. Restricting his movement makes it difficult to manage his business and attend to legal matters. Respondent's arguments: The State, through the High Court Government Pleader, argued that the petitioner is involved in a serious offense and that relaxing the condition might lead to him absconding and becoming unavailable for trial.